Binghamton Hit-and-Run Accident Lawyer
Being involved in a car accident is always scary and can leave victims feeling unsure of what to do next. When a driver involved flees the scene of the crash, though, things can get even more complicated.
Hit-and-run accident victims can be left seriously injured, and they may be uncertain of how to claim the compensation they so badly need to recover. Often victims think they can’t claim compensation because they don’t know who the other driver is, but that is not the case. Thanks to New York’s no-fault auto insurance system, victims do have options for claiming the compensation they need to heal.
Hit-and-run accidents are much more complex than other types of car accidents. Crash victims should always speak to a Binghamton hit-and-run accident lawyer who can help them pursue the full and fair compensation they deserve. Please contact Scott C. Gottlieb, Injury Law Attorney, today to schedule a free consultation about your specific case, and learn how we can help you.
How Long Do You Have to Report a Hit and Run?
It is crucial that you report your accident to the police immediately. You should make sure to note that you are injured so the police will fill out an accident report. The police should also create a criminal complaint to begin the process of trying to find the driver who left the scene.
The Motor Vehicle Accident Indemnification Corporation is a possible source of compensation for some people who have been hurt in hit-and-run accidents. In order to claim this compensation, victims must report the accident to the police within 24 hours of the crash. Sometimes it is possible to still claim these benefits when an accident was reported after 24 hours have passed, but victims will have to show a valid reason for the delay.
Available Options to Help You Pursue Financial Relief
Once you have sought emergency treatment for your injuries, one of the top concerns you likely have is how to claim compensation for the damages you have suffered. Fortunately for hit-and-run victims in New York, there are a couple of options:
Your Own Insurance Policy
If you were driving at the time of the accident and have proper auto insurance, your own insurance company should provide compensation. Under New York’s no-fault auto insurance laws, drivers who are in an accident must file a claim with their own insurance company. The minimum amounts required in New York are $50,000 in personal injury protection (PIP) and $25,000 in uninsured/underinsured motorist coverage.
If you carry this type of insurance, it will also cover you after a hit-and-run accident even if you weren’t driving your vehicle at the time. If you were on a bicycle or out walking, for example, you should check your policy to learn what benefits are available to you. Our attorney can also review your insurance policy to explain your rights after a crash.
Motor Vehicle Accident Indemnification Corporation
All motorists, cyclists, and pedestrians can also claim compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This coverage protects drivers in hit-and-run accidents once they have exhausted their own insurance coverage. It also provides coverage for those who don’t carry auto insurance, such as individuals who do not own or operate a vehicle. Under MVAIC, victims can claim up to $25,000 per injured individual and up to $50,000 per accident.
MVAIC claims are notoriously complicated. In order to qualify, you must show that there was actual physical contact between you and the vehicle that struck you. Proving this is difficult and will require evidence such as video footage of the accident, physical damage to you or your vehicle, medical records, and more. Anyone filing an MVAIC claim should seek the help of a Binghamton hit-and-run accident lawyer who has extensive experience with these types of cases.
Do I Need a Binghamton Hit-and-Run Attorney to Handle My Case?
Car accident cases can become extremely complicated, particularly when they involve a hit-and-run driver. You may wonder whether or not you need an attorney to help with your case. There are a number of ways an attorney can help take the burden off you after a hit-and-run accident.
- Prove liability: If the driver is found after the accident, he or she will likely face criminal charges. Even if a court finds the driver guilty, you will still need to prove liability in your civil case. Your attorney will fight to hold the at-fault driver accountable for paying any compensation insurance did not.
- Gather evidence: Your attorney will gather all of the admissible supporting evidence for your claim and use it to build a strong case for maximum compensation. This may include hiring accident reconstruction experts, interviewing witnesses, tracking down videos and photos from the scene, and analyzing your medical records.
- Meet deadlines: There is a certain timeframe in New York when accident victims can file a lawsuit. Your attorney will ensure this deadline is met so you don’t forfeit your right to seek compensation.
- Handle the paperwork: There is an immense amount of paperwork involved in any car accident case. Your attorney will handle all of this, including filing motions and other documents with the court and managing communication with the insurance company.
- Seek all damages: Your attorney will assess your losses and explain what types of compensation you are entitled to receive
- Negotiate a settlement: Most car accident cases, including hit-and-runs, are settled out of court. Your attorney will negotiate for a fair settlement and if the other side refuses, sue your case and take it to trial if necessary.
If you are ready to get help with your hit-and-run accident claim, please contact our knowledgeable Binghamton car accident lawyer today. The initial consultation is free, and there is no charge unless we recover compensation for you.
Types of New York Hit-and-Run Violations
In New York, there are two statutes that cover fleeing the scene of an accident:
The first is Vehicle and Traffic Law 600-1a, which governs hit-and-run accidents that resulted in only property damage. This can include getting into an accident with another driver when there were no injuries, hitting a parked car, and hitting anything else that is personal, private, or state property. This law establishes that a driver who is, or may have been, at fault for the property damage must exchange license and insurance information with the other drivers involved or owner of the property.
The second statute governing hit-and-runs is Vehicle and Traffic Law 600-2a, which involves crashes resulting in injury or death. This statute states that when an accident involves injury or death, you must call the police and file a report if you are physically able to do so. All parties involved must also exchange license and insurance information, if applicable.
Failing to abide by either of these statutes is against the law. Each of these statutes carries its own penalties, which means that drivers who flee the scene of an accident that involves property damage along with injury or death may face two different charges.
Contact a Binghamton Hit-and-Run Car Accident Attorney Now
Hit-and-run accident claims are often more complicated than other types of car accidents. To ensure you fully understand your rights and options for recovering compensation after a crash, you must speak to an experienced hit-and-run car accident attorney in Binghamton who can review the specific details of your case.
Attorney Scott C. Gottlieb is so passionate about helping accident victims, that’s all his firm focuses on. After a hit and run, our team will investigate the accident in an attempt to find the at-fault driver, collect any evidence from your crash, and work hard to pursue every potential avenue for compensation. If you’ve been injured, contact us today for your free case evaluation.