Hit and Run – You Have Rights!

One of the biggest fallacies in law is that you’re out of luck if you’re hit by a car that takes off. In New York State you can usually collect up to $50,000 in first-party benefits and additional money damages for pain, suffering, and emotional damage even if the responsible party is never caught. That said, procedures can be finicky and deadlines can be short, so it’s important to speak to hire an experienced Queens and Brooklyn traffic accident attorney as soon as possible. Wittenstein & Wittenstein is the top Forest Hills accident attorney, handling hit-and-run accident cases successfully for over sixty years. Call us at 718-261-8114 for a free consultation.

Reporting Requirements

In New York State, hit-and-run accidents must be reported to the police within 24 hours of an occurrence. If you’ve been injured or your property has been damaged by a hit-and-run driver, you should call 911 immediately, giving them as much information as possible that might help them track down the offender. If you’re not able to do so or didn’t realize that you were injured until later, you should call the police or go into the precinct as soon as possible to make a report. The best Queens, Brooklyn, and Bronx car accident attorneys will guide you through the process.

$50,000 in First Party Benefits

In New York State any person injured in a motor vehicle accident is entitled to up to $50,000 in first-party benefits. These benefits include the cost of medical care with no copays or deductibles, 80% of your salary for lost earnings benefits, transportation, home health care, and rehabilitation. In order to collect these benefits, you must ascertain the proper insurance company, which isn’t always clear with a hit-and-run accident. For example, if you’re a pedestrian knocked down by a hit-and-run driver, the driver’s insurance will pay these benefits if they’re caught. If they are not apprehended, your car insurance or the car insurance of a family member will cover these costs even though the vehicle was not involved in the accident. By statute, this will not impact insurance rates. If there is no applicable insurance, first-party benefits will be paid through the Motor Vehicle Accident Indemnification Corporation (MVAIC.) Queens, Brooklyn and Bronx car accident attorneys routinely obtain this information for their clients.

Liability Claims vs. Uninsured Motorists Claims

A claim against the offending vehicle can be made if insurance can be found through the license plate number or by catching the offender. The amount of money that can be collected through liability claims usually depends on the applicable policy limits as collecting a judgment directly from a defendant is virtually impossible. The minimum policy in New York is $25,000 per person and $50,000 per incident for liability coverage for individuals and $100,000 for taxis, rideshares, car services and limousines. Homeowners and commercial vehicles often have higher amounts of coverage. Large businesses and municipalities have coverage of $1,000, 000 or more. If the offending vehicle is not found and insurance cannot be obtained through a license plate number, injured parties have a right to make an uninsured motorists claim against insurance in their household, or through the Motor Vehicle Accident Indemnification Corporation (MVAIC.) The best Queens and Brooklyn traffic accident attorneys can track this information down for you quickly and you will not have to lay out any money.

Wittenstein & Wittenstein – Top Forest Hills Accident Attorney

If you’re injured in a hit and run accident, it’s important to hire the best Forest Hills accident attorney to handle your case. Wittenstein & Wittenstein has been helping injured people for generations. Call 718-261-8114 for a free consultation.

2025-01-22T08:31:17+00:00By |0 Comments

About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.