What to Do After a Hit and Run

Do you know what to do after a hit and run bicycle accident? Watch this educational video for guidance. Then call our New York Bicycle Accident Attorney.

Question:

What should I do if I was struck by a hit-and-run driver in New York?

Answer:

What to Do After a Hit and Run We get a lot of calls from potential new clients who were struck while operating their bicycle. They were severely injured, but the operator of the motor vehicle took off, left the scene. What do you do? Where do you go? What is your recourse? Sometimes, a witness may have been there to get the license plate information, and we would do a search of the plate and move forward and prosecute a claim against the operator. Other times, we don’t have any information, and that car is gone. Where do you go? Option two is to ask the client if they have insurance. Do you own a vehicle? Does anyone in your home own a vehicle? If we’re fortunate, there might be a parent or spouse who does own a vehicle, or even the client may own a vehicle.

If that client, spouse, or someone in the household does own a vehicle, there very well might be, in New York City, an endorsement that’s called underinsured/uninsured motorist endorsement of the policy, and that would kick in. We would send a letter out to the client’s own insurance carrier for the motor vehicle. Even though it was a bicycle accident, and that individual was not in a car at the time of the accident but on their bicycle, we would certainly send a letter out to potentially trigger an uninsured motorist claim with that client’s own insurance company for bodily injury. The amount of recovery would be limited to whatever the policy limits are of that policy.

There is a third option, which is called the Motor Vehicle Accident Indemnity Corporation. What they do is they step into the shoes of the insurance company of the vehicle that left the scene. They’re an entity that was created by statute by the legislature in Albany. The Motor Vehicle Accident Indemnity Corporation has been around a very long time, and you have to prove certain things first in order to make a claim with them. If you’re able to show that it was a hit-and-run, that there’s no other insurance, and nobody in your house owns a vehicle, by affidavit or otherwise – you have to show that – you could potentially go after the Motor Vehicle Indemnity Corporation and file a no-fault claim with them for the economic loss, medical bills and lost wages, and a bodily injury claim with them as well. Right now, the limits are up to $25,000 relevant to bodily injury.


Were you or a loved one seriously injured by an automobile while out on a ride and have questions about what to do after a hit and run? Contact experienced New York Bicycle Accident Attorney at the Law Offices of Brian J. Elbaum today for a legal consultation to learn what your case is worth.

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