Can I Sue After A Hit-And-Run In New York?

Jed Dietrich, Esq., Recognized as a Super Lawyer and American Institute of Trial Lawyers Litigator of the Year, is Committed to Defending the Rights of Hit-And-Run Accident Victims Across Upstate New York. If You or a Loved One Has Been Injured in a Car Accident That Was Not Your Fault, You Deserve Effective, Aggressive Representation and an Attorney Willing to Fight for Your Rights.

You should not have to pay the price for another driver’s decision to break the law, but your rights after a hit-and-run largely come down to where, when, and how you have been injured.

Securing fair compensation when you cannot track down the defendant is both frustrating and unfair, but it is not always impossible. The Dietrich Law Firm P.C. has spent decades helping New York families assert their rights to a fair recovery. A recognized U.S. News & World Report Best Law Firm, we know what it takes to beat the odds, and we have the results to prove it.

We could help you, too.

Call Jed Dietrich, Esq., today at 1-716-839-3939 to speak to a hit-and-run accident lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

If you were driving at the time of the accident, you may be able to fall back on your own insurance company. Under New York’s no-fault rule, most policies must, by law, offer at least $50,000 in Personal Injury Protection (PIP) coverage. You do not need to identify the at-fault driver or prove that they caused the accident to obtain PIP-related benefits.

You may also be able to obtain compensation through “uninsured and underinsured motorist” coverage, often referred to in its abbreviated form, UM/UIM. Most New York policies automatically provide uninsured motorist benefits.

Note that some insurance benefits are still valid even if you were not in a car at the time of the accident. As long as your no-fault policy was active at the time of the accident, you may be able to claim benefits even if you were walking, running, or riding a bicycle.

If you do not have a car or did not have a valid policy, you may obtain an alternate form of compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC).

The MVAIC is a state-funded program that can provide relief for accident victims who do not have their own no-fault policies. To qualify for benefits through the MVAIC, you must meet one or more of the following criteria:

1. The accident occurred in the state of New York;
2. You do not have an automobile insurance policy;
3. You have no other insurance policy or benefit to help with recovery;
4. You do not live with a family member whose insurance coverage extends to you and could be used to cover accident-related damages; and
5. You were not the driver of the uninsured car or the spouse of the driver of the uninsured car.

MVAIC benefits are roughly comparable to those offered by no-fault policies, but they are bound by strict regulations. In general, obtaining compensation through the MVAIC means reporting the accident shortly after it happens and submitting a notice of claim within 90 days.

Just because you do not know the at-fault driver’s name does not mean that you cannot still sue.

Under state law, accident victims typically have a right to take action against anyone whose negligence caused or contributed to their crash. In most car accident claims, the sole defendant is the at-fault driver, but this is not always the case.

Depending on the circumstances of your accident, you could have standing to file a lawsuit against any one or more of the following parties:

Hit-and-run drivers cannot always outrun the scene of an accident.

It can take hours, days, weeks, or months, but the police can and often do catch up with criminals if the driver who caused your crash is later identified, whether by law enforcement or your personal injury attorney, you have a right to take them to court. This is true even if years have passed and the statute of limitations ordinarily applicable to your claim has already expired.

Notably, cases involving hit-and-run drivers are much more likely to qualify for punitive damages than similar accidents where the at-fault driver stopped and made a good-faith effort to identify themselves and exchange insurance information.

Private entities can sometimes be held liable for hit-and-run-related damages.

A trucking company or rideshare service like Uber or Lyft could, under certain, limited circumstances, be found vicariously liable for an accident if it was caused by one of its employees or agents. Furthermore, if the company knew that its employee was dangerous but failed to take meaningful disciplinary action, it could also be held directly liable for the crash.

A car-maker or automotive parts manufacturer could be liable for your accident if a defective part caused or contributed to the crash.

You may be entitled to sue a government agency if the agency’s negligence played a role in the hit-and-run. This could happen if:

1. You hit a large pothole that has been previously reported but was never repaired;
2. Your accident was caused, in part, by a defective traffic light or other traffic-control signal;
3. Your accident was caused by missing, incomplete, or obstructed signage, such as a stop sign that was never replaced after being damaged in a storm or motor vehicle accident.

Note that suing the government is very different from suing a driver, a trucking company, or a rideshare platform.

You cannot treat a hit-and-run accident the same as other claims, but you do not have to accept hardship in place of fair compensation, either. If you think you could have a case, contact the Dietrich Law Firm P.C. today at 1-716-839-3939 to speak to a hit-and-run car accident lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 1-716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!