LIBRARY > ACCIDENTS > AUTOMOBILE

Hit-And-Run Or Uninsured Auto Accidents

Topics Covered

Hit and Run: When It Happens to You
Remedies Available to You
Rights and Benefits

At Trolman, Glaser and Lichtman, we let our clients recuperate from their accidents while we work hard to get hem the money they need and deserve. See some of the awards we've won for clients.

Questions? Please call us at:
1-888-4-TGLLAW^TM
1-888-484-5529

Hit and Run: When It Happens to You

It's a beautiful Sunday morning and you are driving your family to the beach. Just before reaching the parking lot, a speeding car moves into your lane, striking your left rear, causing your vehicle to leave the roadway and striking a telephone poll. The driver of the car speeds away from the scene without stopping. You and your passengers are injured.

You're crossing the roadway at a busy intersection with the "Walk" sign. A car ignores the signal light, strikes you, and leaves the scene of the accident before you have an opportunity to note the plate number. You spend the next two weeks in the Hospital being treated for the injuries sustained.

You have left a party and a guest volunteers to give you a lift home. This car is involved in a accident and you are hurt. The driver "forgot" to pay his Insurance premium and has no Insurance coverage.

Remedies Available to You

Each of the above situations raises common questions as to the remedies available to these accident victims, all of whom were involved in an accident with either a hit-and-run car or uninsured car.

The State of New York mandates that every owner of a registered auto be covered with Liability Insurance. The Law dictates the minimum coverage a owner must maintain to be legally operating his car. The State requires (among other requirements) that the Policy provide for a minimum of Liability coverage in the amount of $25,000/50,000 with $5,000.00 for Property Damage and No-Fault coverage to pay for Medical expenses, loss of income and other economic losses up to $ 50,000.00.

To protect innocent accident victims of hit-and-run and uninsured drivers, the Law created a separate body called the Motor Vehicle Accident Indemnification Corporation to provide the same protection to those persons who neither own a Insured car or reside in a household with an Insured vehicle. These persons ( car owners and residents of car owners ) can make their claim directly against their own Insurance Company under the Uninsured Motorist Coverage provided by the Policy. A written claim must be filed within 180 days from the date of the accident.

Thus, the driver of the beach-bound car should make two claims against his own Insurance Company. First, a Claim to receive reimbursement for medical expenses, hospital expenses and other covered expenses under the No-Fault coverage of the Policy and a timely written claim to recover damages for pain & suffering under the Uninsured Motorists Protection afforded by the Policy. However, in the case of a hit-and-run driver, the accident must be reported to the Police within 24 hours. Be sure to report the accident or you will forfeit your rights to any benefits. Your passengers should file similar claims against your own Company. Claims should be filed without delay, since a delay may result in disallowance.

What about the pedestrian who was the victim of the hit-and run-accident? Here again, the accident must be reported to the Police within 24 hours or as soon as is reasonably practicable. If you are in the hospital and the accident has not been reported, be sure to call the local Police precinct and report the occurrence. To receive No-Fault benefits and payment for pain and suffering up to $25,000.00, a written Notice of Claim must be filed with the Motor Vehicle Accident Indemnification Corporation within 180 days of the accident. However, if you or a member of your household own an Insured auto, the claim should be made with that Insurance Company.

The unfortunate passenger who accepted the lift from the uninsured driver is not without a remedy. This person is entitled to all of the same benefits by making a appropriate and timely claim against the Motor Vehicle Accident Indemnification Corporation or against his own or household member's Company, if available.

I have just touched upon a few of the possible situations that can arise in the event that you find yourself involved in an accident with either a hit-and-run or uninsured car. There can be and are situations which can complicate your ability to recover benefits.

Rights and Benefits

It is clear that you do have rights to recover and you should preserve those rights by reporting the accident to the Police as soon as possible. What is even more clear is that you should not attempt to handle your own claim. The Lawyer with experience in these matters is best able to guide your claim and see that you are compensated for your losses.