You report a hit and run accident in New York by contacting law enforcement as soon as possible. You should also provide details about the crash and tell your insurance company. A police report often becomes an important part of the claims process, especially when the driver who left the scene cannot be identified.
After you make the report, your insurance company may investigate the accident, review evidence, and determine whether your policy covers your damages. Our Long Island car accident lawyer can work with the insurer for you and protect your claim for damages.
What Is Considered a Hit and Run Accident?
A hit and run accident happens when a driver leaves the scene after causing a crash without stopping to exchange information or provide help when required by law.
Hit and run accidents can involve:
- Two vehicles
- A parked vehicle
- A pedestrian
- A bicyclist
- Property damage
In some cases, witnesses may identify the driver. In others, the vehicle is never found. Even when the driver remains unknown, an injured person may still have options through insurance coverage.
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Who Should I Contact After a Hit and Run Accident?
Your first call should usually be to law enforcement. When speaking to the police, try to provide as many details about the accident as you can. Helpful details include:
- The location of the crash
- The time of the accident
- A description of the vehicle(s) involved
- The direction the vehicle traveled
- Any part of the license plate that you remember
- Names and contact information for witnesses
If you need medical care, seek treatment right away. Medical records may later help show that your injuries were caused by the crash. You should also tell your insurance company about the accident right away. Many policies require prompt notice of an accident.
What Happens When the Police Arrive?
The responding officer will typically create an accident report and document the information available at the scene.
The report may include the officer’s observations, statements from drivers and witnesses, descriptions of the vehicles involved, and visible injuries. It may also include road and weather conditions and property damage.
A police report does not automatically prove fault, but it can become valuable evidence during an insurance claim.
What Information Should I Gather If I Can?
Many hit and run cases depend on small details. If you are physically able, try to collect photos of vehicle damage and the accident scene. You can also gather the debris left behind by the other vehicle and contact details from people who saw what happened.
Traffic cameras, business cameras, and doorbell cameras may have recorded the crash. Some video footage is deleted after a short time, so it helps to look for it quickly.
Can I File an Insurance Claim if the Driver Is Never Found?
You can file a claim for damages if you can’t identify the fleeing driver or if they are never found. In New York, drivers can seek coverage through the uninsured motorist portion of their automobile insurance policy when the at-fault driver cannot be identified.
The insurance company may begin an investigation by reviewing various documents, including the police report, photographs, and video footage, medical records, and statements from witnesses.
What Is the Deadline for Reporting a Hit and Run Crash in New York?
Under New York Insurance Law § 5218, a person seeking benefits involving a hit and run vehicle generally must report the accident to the police within 24 hours or as soon as reasonably possible and file a sworn statement with the appropriate insurer within the required time period.
Missing these requirements can create problems when pursuing benefits. Each insurance policy may contain additional notice requirements, so delays can make a claim more difficult.
Filing Deadlines for a Lawsuit for Injuries and Damages
How long you have to sue for damages from a hit and run crash depends on the type of case you have. For most personal injury lawsuits arising from a motor vehicle accident, New York generally provides a three-year statute of limitations deadline.
If your case involves government entities, wrongful death cases, or an uninsured motorist, you may have to meet additional requirements, and there may be a shorter notice period.
When Should You Speak With a Lawyer?
Getting legal guidance early can help you avoid mistakes and protect evidence that supports your claim.
Working with an attorney from our firm may be helpful when:
- The insurance company disputes the claim.
- The driver cannot be identified.
- Serious injuries are involved.
- Witnesses give different versions about what happened.
- Coverage questions arise.
- A settlement offer seems too low or is offered before you know the extent of your injuries.
Get Help With How to Report a Hit and Run Accident in New York
If you want guidance on reporting an accident involving a fleeing driver or are dealing with an insurance claim for a hit and run crash, speaking with our Long Island personal injury lawyer may be the next step.
Chaikin Trial Group Personal Injury Lawyers has recovered more than $100 million for injured clients and brings 50 years of combined experience to accident cases throughout New York. We prepare every case as though it may go to trial because we are serious about your recovery.
Our firm works on contingency, so there’s no upfront cost to hire us, and we receive our payment only if you recover damages. We offer a bilingual Spanish-speaking service and will travel to clients who cannot get to the office. Call for a free consultation, and come in as a client, leave as a friend.
