New York City Hit and Run Accident Lawyer2018-06-26T21:39:37+00:00

NEW YORK CITY HIT AND RUN ACCIDENT ATTORNEYNEW YORK CITY HIT AND RUN ACCIDENT ATTORNEY

HIT AND RUN ACCIDENTS HAVE STRICT TIME LIMITS

If you are a pedestrian, driver, passenger or other victim of a New York City hit and run accident, you must call the police immediately.  Even if you have a plate number or the driver gives you insurance information before he takes off, you must still call the police.  If it turns out that the plate number you took down is wrong or the plate is stolen, you will need the police report to make your claim.  The driver may have given you incorrect information or the insurance policy may be canceled.  The negligent driver may claim that there was no accident – sadly, this happens all the time!  The police report may be your only proof that the traffic accident happened at all.  Make sure the police come to the scene and take a report and then New York City Hit and Run Accident Attorney Wittenstein & Wittenstein will help get compensation and justice for your hit and run traffic accident.

IMMEDIATE ACTION IS CRUCIAL

  • Try to get the make, model and license plate number of the offending vehicle
  • Try to get photos or video of the hit and run vehicle
  • Take pictures of your own car (if applicable,) as there might be paint from the other car on it
  • Note the time and location of the accident
  • Look for witnesses, and get their contact information

IF YOU’VE GOT THE PLATE NUMBER

An experienced New York City Hit and Run Accident Attorney can “run” the plate number and it might be possible that there is insurance on the offending vehicle that can cover your loss.  If a police report has been filed and there is insurance coverage, your case can proceed against the hit and run driver.  Sometimes the plate number turns out to be incorrect or the hit and run driver does not have insurance (that may be why they fled the scene.)  In this case, there are other ways to obtain compensation for a hit and run accident.

NEW YORK CITY HIT AND RUN ACCIDENT ATTORNEY

UNINSURED MOTORIST COVERAGE

If you were a driver or passenger of an insured vehicle, a claim can be made under the SUM (Supplementary Uninsured/Underinsured Motorist) endorsement of this policy.  Liability must be proven against the offending vehicle.  Leaving the scene, in and of itself, does not prove liability.  You must be able to state facts that prove the accident was the hit and run driver’s fault.  A pedestrian or bicyclist that has a vehicle in their “household” can make a claim against the SUM (Supplementary Uninsured/Underinsured Motorist) endorsement of this policy.  A household car is a vehicle owned by any person that you live with, it does not need to be a relative.  In New York, this type of claim will not impact the insurance rates of the policyholder, who may not even have been involved in the accident.  If there is no household coverage, a claim can be made with MVAIC.

LEAVING THE SCENE OF AN ACCIDENT CAN BE A CRIME IN NEW YORK

It’s a good idea to never leave the scene of an accident without reporting.  Insist that the police be called even if you think nobody has been hurt or no property has been damaged.  If you leave, you might be accused of being a “hit and run” driver, which is a serious crime.  In New York, people involved in car accidents are required to stop and share insurance and show their license to other people involved.  Failure to do this could result in serious criminal charges.  Under Section 600 of the Vehicle and Traffic Law, the charge is “Leaving Scene of an Accident Without Reporting.”  The law states:

  • Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to real property or to the personal property of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred:
  • Stop
  • Exhibit his or her driver’s license
  • Exhibit his or her insurance identification card, and
  • Give his or her name and residence.
  • If the person sustaining the damage is not present, then he or she must report the incident to the nearest police station.

A violation of VTL 600(1)(a) (property damage) constitutes a traffic infraction publishable by a fine of up to $250 and/or a sentence of up to 15 days in jail.

VTL 600(2)(a) addresses leaving the scene of an accident when personal damage results. It states that:

  • Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred:
  • Stop
  • Exhibit his or her driver’s license
  • Exhibit his or her insurance identification card
  • Give his or her name and residence, and
  • Report the incident to a police officer.
  • If no police officer is in the vicinity, then he or she mustreport the incident to the nearest police station.

first time violation of VTL 600(2)(a) (personal injury) solely for failing to exchange the required information constitutes a class B misdemeanor punishable by a fine of $250 to $500 and/or a sentence of up to 90 days in jail.

second time violation of VTL 600(2)(a) (personal injury) solely for failing to exchange the required information constitutes a class A misdemeanor punishable by a fine of $500 to $1000 and/or a sentence of up to 1 year in jail.

first time violation of VTL 600(2)(a) (personal injury) other than for failing to exchange the required information constitutes a class A misdemeanor punishable by a fine of $500 to $1000 and/or a sentence of up to 1 year in jail.

Any violation of VTL 600(2)(a) (personal injury) other than for failing to exchange the required information where SERIOUS INJURY results constitutes a class E felony punishable by a fine of $1000 to $5000 and/or other penalties including prison time.

Any violation of VTL 600(2)(a) (personal injury) other than for failing to exchange the required information where DEATH results constitutes a class D felony punishable by a fine of $2000 to $5000 and/or other penalties including prison time.

NEW YORK CITY HIT AND RUN ACCIDENT ATTORNEY

Hit and Run Accidents are complicated and have strict time limits.  It is crucial that you have an experienced New York City Hit and Run Accident Attorney at your side to preserve your rights and obtain the compensation you deserve.  Please call WITTENSTEIN & WITTENSTEIN for a FREE CONSULTATION at 718-261-8114.  You’ll be glad you did.