Hit and Run Accidents
In the State of New York, leaving the scene of an accident is a crime in violation of the Vehicle and Traffic Law. Specifically, under Section 600(1) of the V & T Law, leaving the scene of an accident with property damage but no personal injury can result in a misdemeanor charge in which the violator can face fines and potential jail time, particularly if it is not his or her first offense. Further, under Section 600 (2) of the Vehicle & Traffic Law, leaving the scene of a personal injury accident without reporting the accident can also result in a misdemeanor charge, and a repeat offender could be facing a felony with much more serious legal implications.
If the operator of a motor vehicle is involved in an accident, before leaving the scene, the operator must provide his or her driver’s license and insurance card before leaving the scene. Our office has represented the victims of many hit and run accidents over the last 27 years. Fortunately, all insurance policies in the State of New York provide for what is known as UM coverage, meaning uninsured motorist coverage. Thus, if we are presented with a situation in which our client suffered injuries due to the negligence of a driver who fled the scene, did not make timely payments on his insurance coverage or was driving an uninsured vehicle, we can make a claim with the client’s own insurance policy under their Uninsured motorist coverage.
If the negligent other driver leaves the scene without reporting the accident or providing is or her identification, with the advent of intersection cameras, sometimes we are able to obtain information on the fleeing vehicle. If so, we can make a claim against the wrongdoer’s policy. Additionally, if the police report contains witness information, this is another source for our investigators to work with to identify the other driver and hold him or her accountable.
If our client has no uninsured coverage, we can also pursue a claim for the client’s injuries and medical/hospital treatment through the State of New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC). This municipal corporation was created by the State of New York for situations in which the other car has no insurance and the injured victim has no recourse through uninsured coverage. However, there is a maximum $25,000 policy limit for bodily injury through MVAIC, they contest claims vigorously in our experience, and often refuse to settle for the maximum amount of coverage in the most meritorious cases. Thus, as a result, we utilize MVAIC solely as a last resort to ensure that we seek all possible sources of compensation for our clients.
At the Law Office of Mark A. Siesel, our objective is to quickly and aggressively determine all possible parties that are responsible for our clients’ damages, including pain and suffering, medical and hospital bills, past and future lost earnings, and loss of the ability to perform activities of daily living. Contact the trial lawyers at the Law Offices of Mark A. Siesel for a free consultation on your potential claim. For a free consultation to discuss your case in detail and your legal options, contact us anytime at (914) 428-7386 or online.