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Accident and Injury Lawyer Blog:

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Stuart Kerner

How to Legally Recover For Pain And Suffering If Struck By A Hit & Run

Can I still recover for pain and suffering if I was struck by a Hit & Run vehicle in a car accident in New York?

A pedestrian who is struck by a hit & run motor vehicle in New York and is seriously injured because of the accident can still recover for their injuries and pain and suffering.

Pedestrian-Hit-and-RunThere are two ways that a pedestrian can pursue a claim for monetary damages. The first is to determine if the injured pedestrian has automobile insurance coverage in their own household. If you or someone you live with has automobile insurance coverage then you will be able to pursue a monetary claim through that insurance policy’s uninsured/underinsured provisions. Basically the insurance company in your household stands in for the hit & run vehicle and can provide monetary coverage up to its uninsured policy limits depending on the seriousness of your injuries.

What Is the MVAIC?

If however, as a pedestrian, you do not have any automobile coverage in your household then there is an agency that was statutorily created called the Motor Vehicle Accident Indemnification Corporation (MVAIC) that stands in for the hit & run vehicle. MVAIC will provide monetary coverage for up to $25,000.00 depending on the seriousness of your injuries and if you comply with the provisions of the statute. One of these very important requirements is that the accident was reported to the local police or precinct within 24 hours of the accident. If you do not have a police report you will be unable to pursue a claim against MVAIC.

What Do I Have To Prove For My Hit & Run Car Accident?

No matter what coverage is available you would still have to prove that your injuries meet a “Threshold” of being serious (see our other articles on this topic). If you are struck by a motor vehicle in New York, and injured, you will want to call a New York attorney who handles car accident victim cases.

Here at the Law Offices of Stuart M. Kerner, P.C. we have great experience in assessing injuries and pursuing claims and lawsuits against the wrongful parties. For a free consultation, give us a call at (718) 796-7900. Or you can schedule a free consultation with a lawyer online.

You may enjoy reading this other article about Car Accident: (published just before this one): Bronx Car Accident Attorney and Personal Injury Lawyer Shares Tips for Defensive Driving.

You may enjoy reading this other article about Car Accident: (published just after this one): Steps To Take After A Car Accident In The Bronx.


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“I am very happy how Mr. Kerner worked on my case. He always called me and kept me up to date. After another attorney dropped my case, Mr. Kerner took me on as a client and was able to get me a good settlement.”

– Testimonial of “Raymond P”

“Thank you to Mr. Stuart for his services. When no other lawyer wanted to take my case he did. He was very professional and I am very happy with the results he got me. I also want to thank him for treating me like family and not just a client.”

– Testimonial of “Julio P.”

“Stuart Kerner has been my lawyer since 1994. I have had several accident cases with him and he has always done well for me. I think of him like a friend and not just my attorney. I have referred many people to Stu and they all have been very satisfied.”

– Testimonial of “Ken D.”

“I am very happy with my attorney, Mr. Kerner. He got me a very good settlement. I recommend him to everyone who has had an accident and needs a good attorney.”

– Testimonial of “Johanna N.”

“The Law offices of Stuart Kerner has treated me like family. They dedicated a lot of time to help me and were very successful in the outcome of my accident case. I highly recommend attorney Stu Kerner to all clients.”

– Testimonial of “Jose D.”

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The information provided is meant as a general source of information only and should not be substituted for sound legal advice. We are not be liable for any errors or delays in the content or for any actions taken in reliance thereon.
(*) Prior results do not guarantee a future similar outcome.