The moments after a hit and run are often filled with confusion and a sense of injustice. You may be injured, your vehicle may be damaged, and you are left to quite literally pick up the pieces. While your immediate focus should be on your health and safety, the steps you take in the hours and days following the incident are important for any future legal or insurance claim. This is where the guidance of an experienced attorney becomes invaluable. They can help you navigate the complexities of the legal system and ensure your rights are protected from the very beginning.

This article will explore the circumstances under which hiring a lawyer after a hit and run in New York is not just beneficial but necessary. We will examine the immediate actions you should take after the accident, the intricacies of dealing with insurance companies, and the role an attorney plays in securing the financial recovery you need to move forward.

Immediate Steps to Take After a Hit and Run in New York

The actions you take immediately after a hit and run are foundational for building a strong case. While the shock and adrenaline can make it difficult to think clearly, focusing on these key steps can help preserve evidence and protect your rights.

Prioritize Safety and Medical Attention

Your well-being is the top priority. Move to a safe location if possible, away from traffic. Check yourself and any passengers for injuries. Even if you feel fine, it is important to be evaluated by a medical professional. Some injuries, like whiplash or internal bleeding, may not present symptoms immediately. Seeking prompt medical attention not only ensures your health but also creates a medical record that can link your injuries to the accident.

Gather as Much Information as Possible

The fleeting nature of a hit and run makes evidence collection challenging, but any detail can be a significant lead. If you can, try to note the following:

  • Vehicle Description: The make, model, color, and any distinguishing features of the other vehicle.
  • License Plate Number: Even a partial plate number can be incredibly helpful for law enforcement.
  • Direction of Travel: Note the direction the fleeing vehicle was headed.
  • Description of the Driver: If you got a look at the driver, try to remember their gender, age range, and any other notable characteristics.
  • Time and Location: The exact time and location of the accident are important for the police report and your insurance claim.

Document the Scene and Speak to Witnesses

Use your smartphone to take pictures and videos of the accident scene, your injuries, and the damage to your vehicle. Photographic evidence can be powerful in demonstrating the extent of the damages. Look around for anyone who may have witnessed the incident. Ask for their names and contact information. Eyewitness testimony can be instrumental in corroborating your account of what happened.

File a Police Report

Contact the police immediately and file an official report. In New York, leaving the scene of an accident is a crime. A police report creates an official record of the incident, which is necessary for any insurance claim or legal action. Be as detailed as possible when speaking with the responding officers.

Why You Need to Hire a Lawyer After a Hit and Run in New York

Navigating the aftermath of a hit and run on your own can be stressful and intimidating. Insurance companies may be difficult to work with, and proving your case can be complex. A hit and run lawyer in New York can be a powerful advocate on your side.

Dealing with Insurance Companies

Even if the at-fault driver is never found, you may be able to file a claim through your own insurance policy. In New York, all drivers are required to have uninsured motorist (UM) coverage. This coverage is designed to protect you in situations just like this. However, dealing with your own insurance company is not always straightforward. They may try to minimize your payout or even deny your claim.

A skilled car accident lawyer in NY understands the tactics insurance companies use and can handle all communication and negotiations on your behalf. They will ensure that your claim is properly filed and that you receive the maximum compensation available under your policy.

Investigating the Accident and Identifying the At-Fault Driver

While the police will conduct their own investigation, a dedicated legal team can often uncover additional evidence. A car accident lawyer may have access to a network of investigators who can:

  • Canvass the area for surveillance footage from nearby businesses or traffic cameras.
  • Locate and interview witnesses who may have been missed by the police.
  • Analyze the evidence to piece together the events of the accident.

If the at-fault driver can be identified, you can pursue a personal injury claim against them directly. This opens the door to recovering damages that may not be covered by your own insurance, such as pain and suffering.

Understanding New York's No-Fault Insurance Laws

New York operates under a "no-fault" insurance system. This means that your own Personal Injury Protection (PIP) coverage is the primary source of compensation for medical expenses and lost wages, regardless of who was at fault. However, there are limitations to PIP coverage. If your injuries are serious, as defined by New York law, you may be able to step outside of the no-fault system and file a lawsuit against the responsible party. A knowledgeable car accident attorney in New York can evaluate your case to determine if your injuries meet the serious injury threshold.

The Role of a Car Accident Lawyer in a New York Hit and Run Claim

Hiring a car accident attorney in New York is about more than just having legal representation. It is about having a dedicated partner who will fight for your best interests every step of the way.

Calculating the Full Extent of Your Damages

The true cost of a hit and run accident goes far beyond the initial medical bills and vehicle repairs. A thorough NY personal injury lawyer will work with you to calculate the full extent of your damages, which may include:

  • Current and future medical expenses: This includes everything from emergency room visits and surgeries to physical therapy and long-term care.
  • Lost wages and loss of earning capacity: If your injuries prevent you from working, you are entitled to compensation for the income you have lost. If your ability to earn a living has been permanently impacted, you can also seek damages for loss of future earning capacity.
  • Pain and suffering: This compensates you for the physical pain and emotional distress you have endured as a result of the accident.
  • Property damage: This covers the cost of repairing or replacing your vehicle and any other personal property that was damaged.

Navigating the Legal Process in New York

The legal system can be complex and intimidating, especially for someone who is already dealing with the stress of an injury. A personal injury lawyer will handle all aspects of your case, from filing the necessary paperwork to representing you in court, if necessary. They will ensure that all deadlines are met and that your case is presented in the most compelling way possible.

In New York, there is a statute of limitations, which is a deadline for filing a lawsuit. For most personal injury cases, you have three years from the date of the accident to file a claim. However, there are exceptions to this rule, and it is important to speak with an attorney as soon as possible to ensure that you do not miss your opportunity to seek justice.

The Motor Vehicle Accident Indemnification Corporation (MVAIC)

What happens if you do not have your own car insurance and are the victim of a hit and run? In New York, there is a safety net called the Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC provides benefits to qualifying individuals who are injured in accidents with uninsured or unidentified drivers.

The eligibility requirements for MVAIC are strict, and the application process can be complicated. An experienced NY car accident lawyer can help you determine if you qualify for MVAIC benefits and guide you through the application process.

When Is the Right Time to Contact a Lawyer After a Hit and Run in New York?

The simple answer is as soon as possible. The sooner you involve an attorney, the sooner they can begin protecting your rights and building your case. Ideally, you should contact a lawyer after you have received initial medical treatment and filed a police report.

Here are some specific situations where hiring a lawyer is highly recommended:

Even if your injuries seem minor at first, it is still a good idea to consult an attorney. Some injuries can worsen over time, and what seems like a minor issue now could become a major problem down the road. A consultation with a reputable law firm is typically free, so you have nothing to lose by seeking legal advice.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Being the victim of a hit and run in New York can be a frightening and frustrating experience. You do not have to face it alone. At Brandon J. Broderick, Attorney at Law, we are dedicated to helping accident victims get the justice and compensation they deserve. Our team of experienced and compassionate personal injury attorneys understands the challenges you are facing and is here to guide you through every step of the legal process.

We will handle the investigation, negotiate with the insurance companies, and fight for your rights in court if necessary. Our goal is to take the legal burden off your shoulders so you can focus on what is most important: your recovery.

If you or a loved one has been injured in a hit and run accident, do not wait to get the help you need. Contact us today for a free, no-obligation consultation. We are available day or night to assist you.

Still have questions?

Call now and be done