Legally Recover For Pain/Suffering: Struck By Hit & Runs
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.
There 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/under-insured 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. 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.