Hit and Run Accident Lawyer Suffolk County
Being struck by a driver who flees the scene, whether as a pedestrian, a cyclist, or an occupant of another vehicle, can leave an injured person facing serious medical needs without knowing who caused the crash. Suffolk County’s mix of highways, local roads, and busy commercial corridors across eastern Long Island sees its share of hit-and-run incidents each year. Law Offices Of SRIS, P.C. represents individuals injured in hit-and-run accidents in Suffolk County and helps them understand the civil options available even when the at-fault driver is not immediately identified. A hit-and-run is also a criminal matter, handled separately from any civil injury claim, since leaving the scene of an accident is treated as an offense in its own right under New York law. The firm does not maintain a physical location in Suffolk County, and it does not offer free consultations, but injured individuals throughout the county can request a scheduled consultation by calling (888) 437-7747. Civil recovery options can depend on whether the fleeing driver is later identified and on the insurance coverage available.
On this page
ToggleCivil Claims When the Driver Is Identified
When a fleeing driver is later identified, the injured person can generally pursue a civil claim against that driver for negligence in the operation of the vehicle. If the vehicle was not owned by the driver, N.Y. Veh. & Traf. Law § 388 provides that the owner of a vehicle used or operated in New York is liable for injury resulting from negligence in its use or operation by any person operating it with the owner’s express or implied permission. This means that even when the person who fled was not the vehicle’s owner, the owner can potentially be held responsible if the driver had permission to use the vehicle. A civil personal injury claim arising from a hit-and-run accident is generally subject to the three-year statute of limitations under N.Y. C.P.L.R. § 214(5), running from the date of the accident. New York also applies comparative fault principles under N.Y. C.P.L.R. § 1411. In a personal injury action subject to New York’s no-fault motor-vehicle statute, a claimant whose fault is found to be greater than the combined fault of the defendant or defendants is barred from recovery entirely, which makes a clear investigation of how the crash occurred important.
When the Driver Is Never Identified
When the fleeing driver cannot be identified, New York’s no-fault insurance system can still provide a path to recovery for medical expenses and lost earnings. Under N.Y. Ins. Law § 5106, first-party no-fault benefits are generally available to an injured claimant through an applicable insurer regardless of who was at fault in the accident, and disputes over these benefits can be resolved through arbitration. For a claimant with no identifiable at-fault driver, coverage may be available through the claimant’s own insurer, through uninsured motorist coverage on an applicable policy, or, where no insurance applies, through the Motor Vehicle Accident Indemnification Corporation, commonly known as MVAIC, which exists to address claims involving unidentified or uninsured vehicles. The specific coverage available depends on the individual’s insurance policy and the facts of the accident, so a careful review of available coverage is an important early step.
The Criminal Side of a Hit-and-Run
Leaving the scene of an accident is a criminal matter in New York, investigated and prosecuted separately from any civil claim for damages. The outcome of a criminal case against a driver who fled the scene, including whether that driver is ever apprehended, does not determine whether the injured person has a viable civil claim, since civil and criminal proceedings operate independently and serve different purposes.
Suffolk County Roads and Local Courts
Suffolk County covers eastern Long Island, including Riverhead, Huntington, Babylon, Islip, Brookhaven, Smithtown, Patchogue, Bay Shore, Commack, Hauppauge, Montauk, Southampton, and Shelter Island, and its roadways range from local streets to major highways connecting these communities. A civil claim arising from a hit-and-run accident in the county is typically filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, telephone (631) 852-2000, part of New York’s 10th Judicial District. Law Offices Of SRIS, P.C. does not maintain a physical location in Suffolk County, but the firm’s Of Counsel attorneys and Mr. Sris work with clients throughout the county on matters filed in its courts.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies to cases involving complex financial and technical evidence, including matters that require evaluating insurance coverage and no-fault benefit disputes.
The firm’s Of Counsel attorneys work alongside Mr. Sris on motor vehicle and personal injury matters throughout Suffolk County and elsewhere in New York. The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment, and the firm does not maintain a physical location in Suffolk County. The firm’s intake line is staffed 24/7, and prospective clients can call (888) 437-7747 to request a scheduled consultation. The firm does not offer free consultations, and it does not guarantee any particular outcome in any matter it handles.
Frequently Asked Questions
Can I file a claim if the driver who hit me was never caught?
Yes, in some circumstances. Even without an identified at-fault driver, first-party no-fault benefits may be available under N.Y. Ins. Law § 5106, and uninsured motorist coverage or MVAIC may provide additional avenues, depending on the applicable insurance policies and the facts of the accident.
What is MVAIC?
MVAIC is the Motor Vehicle Accident Indemnification Corporation, an entity that can address certain claims involving unidentified or uninsured vehicles in New York, subject to the facts of the case and applicable coverage.
Is a hit-and-run a criminal offense in New York?
Yes. Leaving the scene of an accident is treated as a criminal matter, investigated and prosecuted separately from any civil personal injury claim arising from the same accident.
How long do I have to file a civil claim after a hit-and-run accident?
A civil personal injury claim is generally subject to the three-year statute of limitations under N.Y. C.P.L.R. § 214(5), running from the date of the accident.
What if the fleeing driver is later identified but was not the vehicle’s owner?
Under N.Y. Veh. & Traf. Law § 388, the owner of a vehicle used or operated in New York is generally liable for injury resulting from negligence in its use by any person operating it with the owner’s express or implied permission, which can extend responsibility to the vehicle’s owner in that situation.
How does comparative fault affect a hit-and-run claim?
Under N.Y. C.P.L.R. § 1411, a claimant’s own share of fault can reduce recoverable damages, and in a personal injury action subject to New York’s no-fault motor-vehicle statute, a claimant found more at fault than the defendant or defendants combined is barred from recovery entirely.
Does Law Offices Of SRIS, P.C. have an office in Suffolk County?
No. The firm does not maintain a physical location in Suffolk County. The firm’s Of Counsel attorneys and Mr. Sris work with clients throughout the county, and prospective clients can call (888) 437-7747 to request a scheduled consultation.
Does the firm offer a free consultation for hit-and-run cases?
No. The firm does not offer free consultations. Prospective clients can request a scheduled consultation by calling (888) 437-7747.
Related Pages
- Car Accident Lawyer Suffolk County
- Motorcycle Accident Lawyer Suffolk County
- Catastrophic Injury Lawyer Suffolk County
- Negligence Lawyer Suffolk County
This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.
Attorney advertising. Prior results do not guarantee a similar outcome.