Under New York state law, you cannot simply drive off after being involved in a road accident. Any time a driver collides with an object, person, or vehicle and intentionally leaves without sharing their identity, providing their insurance information, and giving any warranted assistance, it’s considered a hit-and-run.
If you’ve been involved in an accident in which the other party fled the scene, there are steps you’ll need to take to protect your interests. We’ve covered them all in this guide.
There are several actions you should take directly after someone hits you and flees the scene.
Once you’re confident that you’re not in immediate danger, you need to contact the authorities.
Getting the police involved will help you in several ways. Firstly, fleeing the scene of an accident is a crime, and the police will want to start pursuing the at-fault driver as quickly as possible to maximize their chances of apprehending the individual.
Second, you will need a police report for any insurance claim you file. The police report will contain important information that will be helpful for your claim later on.
Finally, the police can secure the area and ensure that your accident doesn’t pose undue risk to other road users.
You should take pictures and videos of the following:
You should also make a note of any details you can about the fleeing driver and their car, such as:
Although this information can be very useful, you should not guess about anything you don’t know for certain. Doing this will only impede the investigation.
Approach nearby businesses and residences to see if they might have CCTV footage of your accident. You will need to act quickly here, because some businesses and parking lots erase recordings every 24 hours.
Ask others in the area whether they saw the accident; if they did, ask them to write and sign an official statement, and to wait for the police if they have the time.
You will need to start the claims process with your own insurance company as soon as possible after the accident so the events are fresh in your memory.
Hit-and-run accidents may or may not be covered under your policy; if you have uninsured motorist coverage, this will likely apply to hit-and-run crashes. Even if your policy doesn’t cover every loss you incur due to your accident, it may compensate you to some degree (for property damage or medical expenses, for example).
You should contact a lawyer to sue the other driver if the police find the individual. A lawsuit will allow you to recover damages for things like pain and suffering, lost wages, and other damages.
Once you’ve taken care of the most pressing requirements facing you following your accident, there will be some lower-priority items to attend to as well. These include:
Now that you know what to do, you also need to know what to avoid doing.
Leaving the scene of a hit-and-run accident is a bad idea, as you’ll technically be breaking the law yourself. Additionally, you may miss out on necessary medical treatment; you won’t be able to document the scene; and you might not get all the eyewitness accounts of what happened.
If you leave, the police might question whether you were the one at fault. You might also risk getting into another accident when pursuing the other party, or putting yourself in a dangerous situation with the other driver if you catch up with them.
You’ll want to contact the police immediately so they can start investigating. Hit-and-run investigations are time-sensitive; waiting even an hour or two to call it in can ruin your chances of apprehending the at-fault party.
Though you may be angry, you should try your best to avoid expressing it at the scene of the crash. It won’t benefit you, and it may end up hurting your case, depending on what you say. You should also avoid saying anything that could suggest you were at fault, such as commenting about how you were in a hurry to get to your destination.
If you’ve been the victim of a hit-and-run accident, you should start working with a lawyer as soon as possible. Our skilled and experienced attorneys are among the best car accident lawyers in Manhattan. Contact us over the phone at (516) 399-2364 or reach out via our online contact form.