Being involved in any sort of automobile accident is bad enough. To literally add insult to injury, there are many cases in which the at-fault driver leaves the scene of the accident to evade accountability. Hit-and-runs are illegal in New York, but unfortunately that doesn’t stop many drivers from fleeing the scene of serious and sometimes fatal wrecks.
The good news is that there may be insurance coverage and other options that can help you receive compensation for your medical bills, lost wages, and more. The best decision you can make after being in a Syracuse hit-and-run crash is to connect with experienced legal counsel. Reach out today to Carden Dotzler Hammond, PLLC.
Insurance Options for Hit-and-Run Victims
If you’ve been involved in a hit-and-run accident, one of your most pressing concerns is winning compensation for your medical bills and other losses. If law enforcement is unable to locate the driver, you still have options because New York is a no-fault insurance state. This means that the following types of coverage may help compensate you:
- Personal Injury Protection: Also known as PIP, this insurance pays for medical bills, lost wages, and certain other expenses connected with your accident. PIP coverage is required to legally drive in Syracuse, and it can pay for the above losses regardless of who was at fault (including in a hit-and-run accident).
- Uninsured Motorist Coverage: This insurance pays for a victim’s injuries if the at-fault motorist either has no insurance or leaves the crash scene. As with PIP, this basic insurance is required of all New York drivers’ policies.
- Collision coverage: While collision insurance coverage is not required in New York, it’s a good idea for all drivers to have it. Collision pays for necessary repairs to the vehicle, even if the other driver illegally leaves the scene of the accident.
Are There Ways to Find the Hit-and-Run Driver?
To say the least, it can be discouraging when a driver causes your accident and then leaves to avoid responsibility for it. However, this doesn’t mean that there is no way to locate the driver. Our knowledgeable Syracuse personal injury attorney can explore ways to possibly find the driver, such as:
- Filing a police report: You should file a police report in the wake of a hit-and-run accident, even though the police may or may not make a diligent effort to track down the driver. This step documents the incident and creates a paper trail in the event you or your lawyer eventually do find the driver.
- Witness statements: If there were any witnesses to the accident, you should speak with them right away to find out what they observed. Get the witness’s name and contact information, along with a brief description of what they saw (e.g. the make and model of the vehicle and the driver’s identifying features).
- Surveillance camera footage: There are plenty of surveillance cameras in Syracuse, and it’s possible that one caught enough details of the accident to identify the driver. A private business, traffic, or some other camera may have captured footage. Your lawyer can help you get a copy of it.
- Dashcam footage: Dashcams are more prevalent now than ever. Perhaps you have one of these devices in your vehicle, or another driver who was close to the accident has one. If the camera recorded the crash, it can help you track down the hit-and-run driver.
It’s vital to your legal case that you do not wait too long to contact an attorney. Businesses, individuals, and government entities only keep their video footage for so long before they delete or lose it, so contact our office right away.
What If the Driver is Found?
If law enforcement is able to locate the driver, then the victim can make a claim against that person’s liability insurance coverage (if they have any). New York requires drivers to purchase minimum liability insurance coverage in the following amounts:
- $25,000 for bodily injury (not causing death) for one person in any one accident
- $50,000 for any injury causing the death of one person in any one accident
- $50,000 for bodily injuries (not causing death) for two or more persons in any one accident
- $100,000 for any injuries causing the death of two or more persons in any one accident (up to the above per person limits)
However, it’s important to understand that the reason why so many Syracuse hit-and-run drivers leave the accident scene in the first place is because they either don’t have insurance or don’t have enough insurance to pay for the driver’s losses. If either applies to your case, you may have the right to file a personal injury lawsuit to seek compensation for your losses. These may include:
- Medical bills: Among the medical expenses for which you may need compensation are ambulance and emergency care, hospitalization, surgery, medication, physical therapy, adaptive medical equipment, and more. This category includes reasonably estimated future needs.
- Lost wages and lost earning capacity: The time you spend in the hospital or otherwise recovering is time you likely won’t be able to earn money, and you can seek compensation for this. If your injuries prevent you from working in the future, or working at the same capacity, you can seek reasonably estimated future income and benefits you would have earned.
- Pain and suffering, and related losses: Hit-and-run accidents leave victims with severe pain and suffering, plus related issues like mental anguish and emotional distress. While these are more subjective in nature, you have the right to claim them.
- Punitive damages: If the hit-and-run driver’s actions were particularly negligent or reckless, you may have the right to seek punitive damages. These are intended to punish the driver and deter others from doing the same.
- Property damage: Lastly, you can ask for monetary compensation to cover personal property that was destroyed or damaged in the accident. This includes your vehicle as well as items of property that were inside it.
Is It Worth Suing a Driver With No Insurance?
Although locating a hit-and-run driver is an important way to bring that person to justice, it does not guarantee you will be compensated for your losses. If the driver has no insurance, you can sue them as mentioned above. However, the person may have little to no income or assets to satisfy a court judgment.
But even if the driver cannot pay for all of your losses, they may be able to pay for some of them. This is especially the case if the person owns property in Syracuse or earns sufficient income to cover their basic living expenses and simply neglected or chose not to have automobile insurance. It’s important to have an attorney fully review your situation and advise you of the best way to seek coverage for your losses.
Contact Our Syracuse Hit & Run Accident Attorney
We understand the anxiety and confusion you are likely experiencing after being in a hit-and-run collision. Our law firm is here to help alleviate that stress and help you seek compensation while you recover from your injuries. Give CDH Law a call or complete our online contact form today to learn more.