New York Hit And Run Accident Lawyers

New York Hit and Run LawyersIf you are a victim of a hit and run accident it is imperative that you contact the police immediately so that they can investigate the accident and complete their official report. Filing the police report is vital because it may be the only evidence to prove that you were involved in an accident with another vehicle. The hit and run accident attorneys at Kaplan Lawyers PC will work directly with the police to help to ensure that the other driver is held responsible and to make sure that you receive all of the benefits that you need and are entitled to.

If the driver of the other vehicle can be identified, a claim can be brought against that driver for the pain and suffering he has caused. However, if the operator of the other vehicle can’t be identified you can file a claim under the SUM (Supplementary Uninsured/Underinsured Motorist) endorsement of your own insurance policy which will provide compensation for pain and suffering you have suffered.

There are time restrictions to file this claim with your insurance company and it is necessary to prove that you have sustained a serious injury to receive compensation for your pain and suffering, so it is important to retain a hit and run accident attorney immediately.

The legal team at Kaplan Lawyers PC has decades of experience and a proven track record of helping people who have been injured in hit and run accidents. Contact our office for a free consultation, we are here to help and charge no fee unless we win your case.

Black Car Hit and Run Accidents

If you are a victim of a black car hit and run accident it is imperative that you contact the police immediately so that they can investigate the accident and complete their official report. If the other vehicle can be identified a claim can be brought against the other driver for pain and suffering for the injuries that you have sustained. However, if the other vehicle can’t be identified you can file a claim under the SUM (Supplementary Uninsured/Underinsured Motorist) endorsement of your own insurance policy which provides compensation for pain and suffering. There are time restrictions to file this claim with your insurance company so it is important to retain a hit and run accident attorney immediately. The legal team at Kaplan Lawyers PC has decades of experience and a proven track record of helping people who have been injured in hit and run accidents.

Hit and Run Bus Accident

If you are a victim of a hit and run accident by a bus it is imperative that you contact the police immediately so that they can investigate the accident and complete their official report. If the other vehicle can be identified a claim can be brought against the other driver for pain and suffering for the injuries that you have sustained. However, if the other vehicle can’t be identified you can file a claim under the SUM (Supplementary Uninsured/Underinsured Motorist) endorsement of your own insurance policy which provides compensation for pain and suffering. There are time restrictions to file this claim with your insurance company so it is important to retain a hit and run accident attorney immediately. The legal team at Kaplan Lawyers PC has decades of experience and a proven track record of helping people who have been injured in hit and run accidents.

Motorcycle Hit and Run Accident

If you are a victim of a hit and run accident by a motorcycle it is imperative that you contact the police immediately so that they can investigate the accident and complete their official report. If the other vehicle can be identified a claim can be brought against the other driver for pain and suffering for the injuries that you have sustained. However, if the other vehicle can’t be identified you can file a claim under the SUM (Supplementary Uninsured/Underinsured Motorist) endorsement of your own insurance policy which provides compensation for pain and suffering. There are time restrictions to file this claim with your insurance company so it is important to retain a hit and run accident attorney immediately. The legal team at Kaplan Lawyers PC has decades of experience and a proven track record of helping people who have been injured in hit and run accidents.

Taxi Cab Hit and Run Accidents

If you are a victim of a taxi cab hit and run accident it is imperative that you contact the police immediately so that they can investigate the accident and complete their official report. If the other vehicle can be identified a claim can be brought against the other driver for pain and suffering for the injuries that you have sustained. However, if the other vehicle can’t be identified you can file a claim under the SUM (Supplementary Uninsured/Underinsured Motorist) endorsement of your own insurance policy which provides compensation for pain and suffering. There are time restrictions to file this claim with your insurance company so it is important to retain a hit and run accident attorney immediately. The legal team at Kaplan Lawyers PC has decades of experience and a proven track record of helping people who have been injured in hit and run accidents.

 

 New York Hit and Run Accident FAQs

Do I need an attorney to handle my claim?
No. However, the insurance company employs an army of attorneys, claims specialists, and experts to win the case, so in order to get the compensation that you are entitled to you will need to hire an attorney that specializes in this type of law. Our legal team has decades of experience and a proven track record of maximizing settlements and we are in the best position to guarantee that you get everything that you are entitled to.
How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality the time to bring a claim is significantly shorter depending on who the claim is against so you should consult with an attorney immediately.
Is the hit and run driver 100% at fault?
New York law follows the pure comparative negligence rule which states that an injured party will receive compensation for their injuries in proportion to their percentage of contributing to the accident. For example, if a jury believes that a claimant was 10% at fault the other driver is responsible to pay 90% of the claimant’s damages. In most cases if a hit and run driver has been identified he will be held to be strictly liable, meaning that he will be held 100% liable, as fleeing the scene can be considered as an admission of guilt.
What if the hit and run driver is never identified?
If the police are unable to identify the hit and run driver your policy has a provision called SUM which allows you to collect for your pain and suffering claim.
Do I have to pay any legal fees if I lose my case?
No. Our attorneys work on a contingency fee which states that if you don’t win your case we don’t get paid.
How much is my case worth?
If any attorney tells you that they know how much your case is worth before reviewing all of the documentation then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.
How long will it take to settle my case?
Every case is different but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our client’s cases, generally resolving cases years faster than any other firm.
How will my medical bills get paid?
Whether you were the driver or passenger in the car your medical bills will be paid for by the insurance company for the car that you were in. However, you must file a No Fault application with the insurance company within 30 days from the date of the accident, if you fail to do so you have waived your right to file the claim for benefits.
Does No Fault pay for anything else?
Yes. No Fault will also pay for lost wages, prescription costs, transportation to medical providers, and reasonable expenses for household services.
Why does my insurance company have to pay the bills if the hit and run driver caused the accident?
The insurance companies were involved in the drafting of the legislation that created this policy. The benefit to injured parties is that they can get the treatment that they need even if it is unclear who caused the accident because liability will not determine who pays.
Why would the insurance companies want that?
The insurance companies agreed to the legislation because the law also limits access for injured parties to the court system. The statute states that an injured person can’t proceed with a lawsuit unless they have sustained a serious injury as defined by the legislation, which significantly restricts an individual’s ability to collect money for pain and suffering.
What is the legal definition of a serious injury?
A serious injury has been defined as death; dismemberment; significant disfigurement; fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
How will I know if my injuries will be considered serious?
Many of the injuries sustained in hit and run automobile accident cases become progressively worse with time so it is difficult to determine shortly after the accident. However the hit and run automobile accident attorneys at Kaplan Lawyers PC recommend that you retain an attorney immediately so that all filings are completed to protect your rights and ensure that you receive the compensation that you are entitled to.
How can I get my car fixed?
Even though the hit and run driver will be held strictly liable, if you have collision coverage we would recommend that you contact your insurance company and submit a claim under your policy. If you don’t have collision coverage you will have to file a 3rd party claim with the other driver’s insurance company. However, a 3rd party claim can take significantly longer to resolve and the insurance company will try to twist your words against you so we recommend that you contact a legal professional before contacting the insurance company directly.

TOP 5 MISTAKES MADE AFTER AN ACCIDENT WITH A HIT AND RUN VEHICLE

  • Not filing an accident report with the police
  • Failure to report the accident to your insurance company
  • Assuming you will feel better and not seeking medical attention
  • Believing that the Insurance Company will deal with you fairly
  • Not hiring an experienced attorney who will complete all filings to protect your rights and ensure that you will receive the compensation that you deserve

 

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