After a New York hit-and-run accident, your own auto insurance policy is often the primary source of payment for your injuries and related damages. While it may seem strange to file a claim with your own insurer when someone else was at fault, New York law allows you to use your Uninsured Motorist (UM) coverage for this exact situation. Successfully securing this compensation, however, depends on following strict rules, including reporting the crash within 24 hours and proving physical contact occurred.
If you’ve been in an accident with a driver who left the scene, knowing how this coverage works, what additional options like SUM coverage may be available, and what to do if you don't have insurance is critical to protecting your right to recovery.
Call us today at (631) 451-7900 for your free consultation.
Key Takeaways about Who Pays for Injuries after a Hit and Run Accident
- A person injured in a hit-and-run accident in New York often seeks compensation through their own auto insurance policy's Uninsured Motorist (UM) coverage.
- Supplemental Underinsured/Uninsured Motorist (SUM) coverage can provide additional compensation beyond the minimum policy limits if the injured person has it on their policy.
- New York law generally requires proof of physical contact between the hit-and-run vehicle and the victim or their car for a claim to be successful.
- For injured pedestrians or cyclists without access to auto insurance, a state fund known as the MVAIC may be available to cover losses.
- Victims must report the hit-and-run to the police within 24 hours of the incident, or as soon as reasonably possible, to make a claim for MVAIC benefits.
Your Own Car Insurance: The First Place to Look for Help
It may seem counterintuitive, but the primary source of financial recovery after a hit-and-run is often your own automobile insurance. When a driver cannot be identified, New York law allows you to treat them as an "uninsured motorist." This triggers a specific type of coverage that is required on every auto policy issued in the state.
This process allows you to file a claim with your own insurer to cover the damages caused by the unknown driver, just as you would file a claim against the other driver’s insurance if they had stopped and exchanged information.
What Is Uninsured Motorist (UM) Coverage in New York?
Uninsured Motorist (UM) coverage is a mandatory part of your car insurance policy in New York. Its purpose is to protect you if you are injured by a driver who has no insurance or by a driver who flees the scene of an accident.
UM coverage is designed to pay for bodily injuries, including:
- Medical expenses and hospital bills
- Lost wages from being unable to work
- Pain and suffering related to your injuries
This coverage applies to you, your family members who live with you, and any passengers in your vehicle at the time of the hit-and-run accident. It's important to remember that standard UM coverage in New York typically only covers bodily injury and does not pay for damage to your vehicle.
Unlocking Additional Compensation with SUM Coverage After a Hit and Run Accident
While standard UM coverage provides a crucial safety net, the minimum required limits can sometimes be insufficient to cover the full extent of serious injuries. This is where Supplemental Underinsured/Uninsured Motorist (SUM) coverage becomes incredibly valuable.
SUM coverage is an optional addition to your auto policy that provides an extra layer of protection. If you have SUM coverage, you can access higher compensation limits from your own policy after a hit-and-run accident. Essentially, it allows you to increase your Uninsured Motorist protection up to the same limit as your own policy’s liability coverage.
How SUM Coverage Can Make a Powerful Difference
Imagine your injuries from a collision on the Sunrise Highway result in $100,000 in medical bills and lost income.
- With minimum UM coverage: The policy of a known driver might only provide the state-required minimum, for example, $25,000 per person. This would leave a significant gap between what you receive and what you need.
- With SUM coverage: If you have a liability policy of $250,000 and matching SUM coverage, you could potentially access up to $225,000 to cover your losses. This could be the difference between financial hardship and a stable recovery. If the collision was a hit-and-run, you would potentially access up to your full $250,000 in benefits.
Purchasing SUM coverage is a proactive step that provides significant peace of mind, ensuring you have more substantial resources available if you are ever the victim of a driver who fails to take responsibility.
Proving Your Case: The Critical "Physical Contact" Rule
Insurance companies often try to defend against hit-and-run claims by arguing that no other vehicle was involved. They might suggest you lost control of your car on your own. To combat this, New York has a "physical contact" rule.
Generally, to have a successful Uninsured Motorist claim for a hit-and-run accident, you must be able to prove that the unknown vehicle or an object falling from it physically struck you, your bicycle, or your car. A "near miss" where another driver swerves into your lane, causing you to crash without actually touching your vehicle, is often not enough to qualify for a UM claim.
Gathering Evidence to Prove Physical Contact
Proving contact is essential, and gathering the right evidence quickly is key. The moments after an accident can be chaotic, but if you are able, look for proof that can support your claim.
- Vehicle Damage: Scrapes, paint transfer of a different color, dents, or broken parts on your car can serve as direct evidence of an impact.
- Debris at the Scene: Pieces of the other vehicle, such as a broken side mirror or a piece of a bumper, can help establish that another car was involved.
- Eyewitnesses: Statements from other drivers, pedestrians, or people in nearby homes or businesses who saw the accident can be invaluable.
- Video Footage: Many intersections, from busy spots in Nassau County to commercial areas in Suffolk County, have traffic cameras. Nearby businesses may also have security cameras that captured the event.
This evidence can be crucial in demonstrating to your insurance company that a physical collision with an unidentified vehicle did, in fact, occur.
What If You Don't Have Car Insurance? Help from the MVAIC
What happens if you are a pedestrian or cyclist hit by a driver who flees, and you don’t own a car or have access to an auto insurance policy? New York State has a system in place for these exact situations.
The Motor Vehicle Accident Indemnification Corporation (MVAIC) is a state-created entity that provides benefits to certain victims of traffic accidents who have no other insurance recourse. It acts as a last resort to provide compensation for injuries caused by uninsured or hit-and-run drivers.
Who Can File a Claim with MVAIC?
To be eligible for MVAIC benefits, you must meet several criteria. The program is specifically for "qualified" individuals who have been left with no other options.
- You must be a resident of New York State.
- The accident must have occurred within New York.
- You must be the victim of an uninsured or unidentified (hit-and-run) driver.
- You cannot have your own auto insurance policy, and you cannot be covered by the policy of a household family member.
- You must comply with all reporting requirements, including reporting the accident to the police within 24 hours.
MVAIC provides a vital pathway to compensation for some of the most vulnerable people injured in a hit-and-run accident, covering necessary medical care and lost earnings up to the state minimum limits. It’s important, however, to report your accident to the police within 24 hours, as failing to do so can prevent you from receiving MVAIC benefits.
Will My Insurance Rates Increase After a Hit and Run Claim?
One of the biggest worries people have about filing a claim with their own insurance company is whether their premiums will go up. This is a valid concern, but in the case of a hit-and-run, New York law is on your side.
According to New York Insurance Law, an insurer is generally prohibited from increasing your premium for an accident if you were not at fault. Filing a UM/SUM claim should not negatively impact your insurance rates if you were not at fault. You pay for this coverage precisely for this type of situation, and you have a right to use it without fear of financial penalty. Each insurance company, however, has its own metrics it uses to determine when rates are increased. It is always better to discuss this question with your company or broker.
Understanding New York's Laws on Fault and Deadlines
Navigating a personal injury claim involves understanding a few key legal concepts that can affect your case. Two of the most important are the state's rule on shared fault and the deadlines for taking legal action.
Pure Comparative Negligence
New York follows a legal standard called "pure comparative negligence." In simple terms, this means that you can still recover damages for your injuries even if you were partially to blame for the accident. Your total compensation award would simply be reduced by your percentage of fault.
While fault is less of a concern in a typical hit-and-run where the other driver is 100% responsible for leaving, this rule is a core principle of New York personal injury law.
Important Deadlines (Statutes of Limitations)
A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation forever.
- Personal Injury: For most car accidents in New York, you generally have three years from the date of the incident to file a lawsuit.
- Wrongful Death: If a hit-and-run accident tragically results in a fatality, the family has two years from the date of death to file a wrongful death claim.
- Claims Against a Municipality: In the rare event a government entity is involved, you must file a Notice of Claim within 90 days of the incident.
It is always best to act quickly to ensure all deadlines are met.
New York Hit and Run Accident FAQs
Here are answers to some common questions that arise after a hit-and-run accident.
What if the police eventually identify the driver who fled the scene?
If the at-fault driver is found, the process changes. You would then pursue a claim against their auto insurance policy, just like in a standard car accident case. Any claim you started under your own UM/SUM coverage would likely be put on hold while you seek compensation from the responsible driver's insurer first.
Does my Uninsured Motorist coverage pay for the damage to my car?
No, standard Uninsured Motorist (UM) bodily injury coverage in New York does not cover property damage. To have your vehicle repairs covered after a hit-and-run, you would need to have collision coverage on your own auto insurance policy. You would have to pay your collision deductible before your property damages are covered.
I was a passenger in a car that was hit by a driver who fled. What are my options?
As a passenger, you have several potential avenues for compensation. First, you are covered under the UM/SUM policy of the vehicle you were riding in. Additionally, you may be able to make a claim under your own auto insurance policy if you have one. If neither of those options is available, you may be eligible for benefits through the MVAIC.
What happens if my own insurance company is being difficult or denies my hit-and-run accident claim?
Even though you are dealing with your own insurer, they may still dispute your claim, often by questioning the physical contact rule or the severity of your injuries. If your claim is unfairly delayed or denied, you have the right to challenge their decision. A personal injury attorney can help you present the strongest possible case and advocate on your behalf.
What kinds of damages can I recover through a UM/SUM claim?
A UM/SUM claim can provide compensation for both economic and non-economic damages resulting from your bodily injuries. This includes current and future medical bills, lost income and diminished earning capacity, physical pain, emotional suffering, and loss of enjoyment of life.
Is there a deadline to notify my own insurance company about the accident?
Yes. Most insurance policies require you to provide them with notice of a claim "as soon as practicable." There is no exact definition for this, but it means you should not delay in reporting the accident and your intent to make a claim. Waiting too long could jeopardize your right to coverage.
Talk to a Long Island Personal Injury Attorney Today
A hit-and-run accident can leave you feeling powerless, but you have rights and options. The rules for these claims are complex, and the deadlines are strict. Having an experienced advocate on your side can make a significant difference in your ability to recover the compensation you need to heal and move forward.
At Rosenberg & Gluck, LLP, our practice is focused on helping people on Long Island who have been injured through no fault of their own. We understand the challenges you face and are prepared to guide you through every step of the process. We handle the communications with insurance companies so you can focus on your recovery. We provide assistance to clients in both English and Spanish.
Contact us today for a free, no-obligation consultation with an experienced car accident lawyer to discuss your hit-and-run accident. We work on a contingency fee basis, which means you pay no attorney’s fees unless we secure a recovery for you.
Call us today at (631) 451-7900 for your free consultation.