Understanding Hit-and-Run Car Accidents in New York – What You Should Do, and Why You’ll Need the Best Accident Lawyer in NY

Understanding Hit-and-Run Car Accidents in New York – What You Should Do, and Why You’ll Need the Best Accident Lawyer in NY

Hit-and-run accidents are among the most traumatic incidents a person can experience. They are also legally complex. This means that figuring out the anatomy of the accident, and establishing fault is a multi-layered legal process. In New York, where traffic is dense and pedestrians, cyclists, and drivers all share the road, hit-and-runs are unfortunately common. New York State law outlines strict obligations for drivers involved in any type of car accident, and when those laws are violated, the consequences can be severe for both the perpetrator and the victim – each for different reasons.

Today, we’re going to provide you with a comprehensive legal overview of the types of hit-and-run accidents that can happen, the legal steps a victim must take according to New York State accident law, and why hiring an experienced accident lawyer in New York is essential to building a strong case and securing fair compensation.

What Constitutes a Hit-and-Run Accident in New York?

Under New York Vehicle and Traffic Law (VTL) § 600, a hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to provide their information or offer assistance to anyone injured.

The law distinguishes between two main categories of (VTL) § 600 –

Property Damage Only (VTL § 600.1) – If a driver causes damage to another vehicle or property on impact, and fails to stop and provide contact and insurance information, they may be charged with a traffic infraction. Penalties for such drivers may include fines, license suspension, and even jail time for repeat offenses.

Personal Injury or Death (VTL § 600.2) – When the accident involves injury or death, leaving the scene becomes a criminal offense. The criminal offense can range from a Class A misdemeanor to a Class D felony, depending on the severity of the injuries, and also whether the driver was intoxicated.

It’s important to know that, even if the driver did not cause the accident but was simply involved, New York law still requires them to stop.

Types of Hit-and-Run Accidents

The nature of hit-and-run accidents can vary greatly depending on the circumstances. These are some of the most common types –

Vehicle-to-Vehicle Collisions

This is one of the most common scenarios. A driver hits another vehicle—parked or moving—and flees the scene. In this case, it will be a struggle for victims to identify the at-fault driver without witnesses or surveillance footage.

Vehicle-to-Pedestrian Accidents

Pedestrians struck by vehicles are especially vulnerable, and usually suffer serious injuries or fatalities. Drivers could flee in fear of legal repercussions – especially if they are unlicensed or under the influence.

Vehicle-to-Bicycle Accidents

Cyclists face a similar risk to pedestrians. In busy cities like New York, bike lanes are usually adjacent to traffic. This means that collisions can happen in a matter of seconds. Fleeing drivers are harder to track down due to the chaotic nature of city streets.

Commercial Vehicle Hit-and-Runs

Sometimes delivery trucks, taxis, or rideshare vehicles can get involved in hit-and-runs. These cases are particularly complicated. Usually, issues around employer liability and insurance coverage can be hard to clear.

Parking Lot Accidents

A large number of hit-and-runs occur in parking lots where a vehicle hits a parked car and the driver leaves without leaving a note or filing a report. Even though the incident might seem minor, they are still illegal under state law.

Legal Steps for Victims of Hit-and-Run Accidents in New York

If you’re the victim of a hit-and-run accident in New York, it’s critical to act quickly and follow the proper legal procedures. The steps listed below can significantly impact your ability to recover damages. Some of these steps might be affected by the severity of your injuries or require the legal clearance of a licensed accident attorney to carry out.

01. Call 911 and Report the Accident

Immediately report your accident to law enforcement. This will initiate a criminal investigation but also provide an official police report on your accident that will be necessary for insurance claims and your legal proceedings.

02. Seek Medical Attention (If You Are Able)

It cannot be emphasized enough – even if you feel fine, get a medical evaluation as soon as possible. Some of your injuries may not be immediately apparent, and medical records are vital for documenting damages.

03. Gather Evidence

Collect any available evidence of your accident, such as –

• Photos of the damage or injuries
• Witness statements
• Surveillance footage
• Dashcam video (if available)

The more evidence you can provide, the stronger your case will be. Please note that collecting some of the evidence listed above, such as surveillance footage, will require attorney support.

04. Notify Your Insurance Company

New York is a no-fault insurance state, which means your own insurance may initially cover medical expenses regardless of who is at fault. You must notify your insurer of the accident within 30 days to be eligible for Personal Injury Protection (PIP) benefits.

05. File a Claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC)

If the at-fault driver of a hit-and-run is never found, you may be eligible for compensation through the MVAIC. To qualify –

• The accident must have occurred in New York
• Your accident must have been reported to police within 24 hours
• You must not have any other available insurance coverage

This is a complex process with strict deadlines, so make sure you have a licensed accident attorney to support the filing.

Why Victims Need an Experienced Accident Lawyer in NY

As we already mentioned, navigating a hit-and-run case is challenging. Starting at understanding insurance payout policies, locating the at-fault driver, and finally filing court documents, the process is riddled with legal traps for the uninitiated. There’s a reason why you’ll need the best accident lawyer in New York, that you know of, to ease out the process.

Thorough Case Investigation

Experienced lawyers have access to accident reconstruction experts, private investigators, and surveillance resources. They know how to gather all key evidence like –

• Traffic camera footage
• Vehicle paint traces
• Eyewitness accounts
• Cell tower data

It increases the chances of identifying the hit-and-run driver, and helps establish fault.

Maximizing Insurance Compensation

A lawyer can help make sure that insurance companies don’t underpay or deny your claims. They’ll handle negotiations and make sure all your losses—including medical bills, lost wages, and pain and suffering—are fully compensated.

Filing Deadlines and Legal Compliance

New York law imposes several strict deadlines –

• PIP claims must be filed within 30 days
• MVAIC claims within 90 days
• Personal injury lawsuits within 3 years

An accident attorney or personal injury lawyer sees to it that you don’t miss these critical windows.

Court Representation

If your case goes to court, legal representation cannot be avoided. A skilled attorney can support you with presenting evidence in a methodical and compelling manner. He or she will cross-examine witnesses, and advocate for a maximum payout for damages.

Handling Comparative Negligence

New York follows the rule of pure comparative negligence. This means you could recover some damages even if you were partially at fault. Insurance companies routinely use this to reduce your payout. Your accident attorney can counter these claims effectively with the evidence collected before.

Guidance Through Emotional and Legal Stress

Trauma and psychological stress are unavoidable for victims of hit-and-run accidents. Having a knowledgeable accident lawyer on your side provides you with peace of mind and gives you space to heal physically and mentally while they handle the legal burden.

Hit-and-run accidents in New York are a serious threat to public safety and leave its victims facing emotional, physical, and financial challenges.

The law can provide clear pathways to justice, but only if the victim can act quickly and follow the correct procedures. Gathering evidence, navigating no-fault insurance, and filing claims with MVAIC, the process is intricate and time-sensitive.

Hiring an experienced accident lawyer isn’t just a nice-to-have —it’s critical. They bring their education and expertise, investigative resources, and negotiation skills to dramatically increase your chances of recovering full and fair compensation – no matter the kind of trauma you suffered. The driver at fault may be caught, or never be found. But, a skilled accident attorney can make all the difference in your recovery and legal outcome.

If you or a loved one has been involved in a hit-and-run accident, remember that you don’t have to face it alone. Seek legal help immediately to protect your rights and begin the path toward justice and closure.

Set-up a free consultation with some of the best accident attorneys in New York by calling 866-995-9035 or emailing info@yadgarovlaw.com. If you don’t win the case, you don’t pay.