Can I Sue For a Hit and Run?
Under New York law, any driver who causes or is involved in an accident is required to remain at the scene, exchange insurance information with other parties, and file a report with the police. Unfortunately, many drivers tend to flee the accident scene so that they can avoid liability.
If you are a victim of a hit and run accident, there are steps you can take to sue the at-fault driver and recover the compensation you are entitled to.
What You Should Do after a Hit and Run Accident
- Take a picture of the at-fault driver’s license plate and make a note of their vehicle’s model and make before they flee the scene. Do not – for any reason – try to chase the at-fault driver down, as it can make a bad situation considerably worse.
- Find out if anyone happened to witness the accident or might be able to identify the at-fault driver. Get their names and phone numbers.
- Take photos of the accident scene and look for security cameras in the vicinity that might have captured the accident.
- File a report with the police.
- Get medical help and get in touch with a personal injury lawyer as soon as you can.
How a New York Hit and Run Accident Attorney Can Help You
Your winning New York personal injury attorney can help you file a no-fault claim with your auto insurance provider and make sure you are compensated for the expenses that are covered under your personal injury protection coverage.
In addition to this, your attorney will also take the following steps to help you get the compensation you deserve.
- Attempt to track down the at-fault driver with help of law enforcement agencies.
- Investigate your case and find out whether other parties (apart from the at-fault driver) can be held liable for your injuries.
- Calculate the value of your claim.
- File a lawsuit against the at-fault driver as well as other parties (if any).
- Negotiate with the claims adjuster for a settlement.
- Take your case to trial and argue before a jury or judge to recover damages.
Elements to Be Proved in a Hit and Run Claim
- The at-fault driver in question owed you a duty of care.
- They violated their duty by acting negligently.
- Their violation of duty resulted in the accident.
- You suffered injuries and other losses as a result.
It should be noted that proving liability in a hit and run case is actually easier when compared to a regular car accident case, since the very fact that the driver fled the accident scene constitutes what the law calls ‘negligence per se’.
Choose the Right New York Hit and Run Accident Lawyer to Handle Your Claim
If you have been injured in a hit and run accident, the dedicated New York personal injury attorneys at the Law Offices of Michael S. Lamonsoff can help you. We will leave no stone unturned in tracking down the at-fault driver and make sure they are held accountable for their actions. We will also help you with your no-fault claim and make sure you are fully compensated by your auto insurance provider.
With a first-rate legal team which is led by highly accomplished, award-winning personal injury attorney Michael S. Lamonsoff, our firm is best equipped to handle all kinds of personal injury claims – including and especially hit and run claims.
To find out how we can help you with your claim, call us today at 212-962-1020 or fill out our online contact form and schedule a free consultation with an experienced New York hit and run accident lawyer.