Craig Rosenbaum | November 22, 2015 | Car Accidents
New York is a no-fault insurance state. This means that if you are in a car accident then you file a claim against your own insurer to cover your damages. However, many New Yorkers don’t own a car. Therefore, they don’t have any insurance, so what happens if you’re crossing Houston and someone barrels off the FDR and hits you as you’re crossing the street? Even worse, what happens if they hit you and run?
People owe general duties of conduct toward one another, like waiting at red lights and signaling. For example, if a driver hit you, it might mean they violated a duty they owed toward you like not paying attention or improperly maintaining their car. If this occurred, then you have two options in New York. First, you can file a claim against the driver’s insurance company. You would collect the driver’s information and file a claim. However, if your damages exceed the policy limit, then you may file suit against the driver. If this happens to you, then it is helpful to consult a personal injury attorney to review your claim and decide the best course of action for litigation.
If a driver hits you and does not stop, then you are involved in what is called a hit-and-run. Usually, you would recover your harm against the driver that struck you. However, you don’t know their information, so what do you do? First, call the police and remain at the scene. Second, give a statement to the police recounting as many details about the car as possible.
By not stopping, the driver committed a criminal act. The police will search for the suspect, and if they find them, then you may be entitled to restitution and you may then either file a claim against the driver’s insurer or sue the driver himself. If the police cannot find the driver, then you can file a claim with the Motor Vehicle Accident Indemnification Corporation or MVAIC. MVAIC pays the medical bills for people that were hurt in a hit-and-run accident.
Pedestrians have legal rights against drivers that hit them. Consulting an attorney can help you understand your rights. You were hit by a car and you shouldn’t have to pay your medical bills.