When a person gets hurt in a car crash caused by another driver’s negligence or recklessness, they may have a legal claim to compensation for their injuries and losses. However, some car accidents can turn into hit-and-run crashes when drivers flee from the accident scene. But what rights do car accident victims have after a hit-and-run collision in Queens?
Legal Obligations After an Accident in New York
In New York, all drivers involved in collisions or accidents must stop at or immediately return to the crash scene to exchange information with the other parties involved in the accident or to leave their information for the owner of unattended damaged property. Drivers must also assist anyone who suffered injuries in the accident, such as by calling 911 to summon emergency medical services. Leaving a car accident scene without providing information or rendering assistance may constitute a criminal offense, with the grading of the offense depending on whether the accident led to property damage or injuries.
Steps to Take After a Hit-and-Run
When you become the victim of a hit-and-run, steps you should take to protect your safety and legal rights include:
- Move to a safe area and contact the police or call 911. Report as much information about the fleeing driver as you know, such as a vehicle description, license plate number, and the direction of the driver’s travel.
- Gather any relevant evidence at the accident scene, including photos, witness contact information, and the location of any surveillance cameras.
- Obtain a copy of the police report for your insurance claim or subsequent legal action.
- Seek medical attention as soon as possible to document injuries you may have sustained in the crash.
- Follow your doctor’s treatment instructions.
- Keep copies of any bills, invoices, or receipts for accident-related expenses, and obtain copies of your medical records and pay stubs/income statements if you suffer injuries or need to take time off work.
Insurance Coverage Options for Hit-and-Run Victims
Victims of hit-and-run accidents in Queens may have several insurance coverage options to recover compensation for their injuries and losses. First, drivers who suffer injuries in hit-and-run accidents can file claims against their personal injury protection coverage. New York requires auto policies to provide PIP coverage, which provides no-fault compensation for medical expenses and lost wages.
When an accident victim suffers serious injuries in a hit-and-run accident, they may also file a claim against their uninsured motorist (UM) coverage. New York auto insurance policies must provide UM coverage, which pays compensation that an accident victim could recover in a legal claim against the at-fault driver. UM coverage can apply in hit-and-run accidents where the injured victim and police cannot identify the driver who fled the crash scene, as insurers treat hit-and-run drivers like uninsured motorists.
Legal Options When You Identify the Driver
Should you identify the at-fault driver who fled the scene, you may have the right to file a personal injury claim against them if you suffered serious injuries in the accident. When you have a personal injury claim, you can recover compensation for losses not covered by your insurance, such as additional medical expenses or lost wages, pain and suffering, property damage, and lost future earning capacity.
Contact a Car Accident Attorney Today
When the driver who hit you failed to stop at the accident scene, you may still have the ability to seek financial compensation in a hit-and-run accident claim. Contact McCann Legal, PC, today for a free, no-obligation consultation with a car accident lawyer to learn more about your rights and options after becoming the victim of a hit-and-run accident in Queens.