Albany Hit and Run Accident Lawyer

Let a team member from Morelli Law Firm evaluate your legal case today. We may be able to provide representation and seek the best possible outcome for you based on your accident case. Over the last quarter century, we have secured more than $1 billion in damages for our clients. Contact us today for your free initial consultation with one of our Albany car accident lawyers.

New York Is a No-Fault Auto Insurance State

When involved in an auto accident in New York, your first option for recovering compensation is always going to be through filing an insurance claim with your own insurance provider. Even if you are able to identify the driver in your hit-and-run accident, you will only be able to file a lawsuit against them if your medical expenses exceed your coverage limits or if you were seriously injured.

Some injuries that qualify as serious under New York law include:

• Permanent disability
• A temporary disability which prevents you from doing your normal daily activities for 90 days or more
• Dismemberment
• Bone fractures
• Significant disfigurement
• Limitation of a bodily function
• Permanent loss of a body part or organ
• Permanent loss of a bodily function or system
• Loss of a fetus
• Death

If you are able to file a lawsuit against the liable driver, an experienced Albany personal injury lawyer can help you through every step of the legal process and give you the best chance of recovering the financial compensation you deserve.

Understanding Hit and Run Accidents in New York

When a hit-and-run accident occurs, one vehicle—or one driver—leaves the scene before the police arrive. Sometimes, an eyewitness, the victim, a nearby camera, or evidence at the scene can prove the driver’s identity. When this occurs, the driver will likely face additional charges for leaving the scene of the accident. However, your insurance claims can proceed as they would in any other case.

However, even with a police investigation, it is not always possible to identify the driver who caused an Albany traffic accident and then ran from the scene. This makes it impossible to pursue a fault-based claim, even if you suffer serious injuries and qualify to recover pain and suffering and other non-economic damages.

There is good news, though. New York state law requires all drivers to carry uninsured motorist (UM) and underinsured motorist coverage as a part of their insurance policy. According to the New York State Department of Financial Services (DFS), you should file a claim based on this policy if you or someone else in your car suffered injuries in an accident caused by an unidentified hit-and-run driver.

A Hit-and-Run Accident Attorney in Albany Can Handle Your Case

Hit-and-run accidents are frequently complex, but an Albany hit-and-run accident lawyer from Morelli Law Firm knows how to take the necessary steps to identify the other motorist or build a personal injury claim based on our client’s uninsured motorist coverage.

In some cases, our efforts to canvas for witnesses or seek surveillance video from nearby businesses pay off, and we can identify the at-fault motorist when the police cannot. This will allow us to move forward with a fault-based claim if our client qualifies based on their serious injuries or another exception to the state’s no-fault rules.

However, we also know what our client’s insurance company is looking for when reviewing a claim based on an uninsured motorist policy. We develop cases with proof of our clients’ damages before moving forward with this type of claim, giving each client the best chance at recovering a fair settlement.

Recovering Monetary Damages After an Albany, NY, Hit-and-Run Crash

Under New York’s auto insurance laws, drivers have Personal Injury Protection (PIP) coverage for the first $50,000 in losses, including medical bills, partial wage replacement, and everyday expenses. They can only step outside that system if they meet an exemption under New York Insurance Law (ISC) §5102(d), such as suffering lasting injuries or missing a lot of work due to injury or treatment.

This means there is an option for drivers with minor or moderate injuries to recover many of their economic losses through a PIP claim. Because these claims do not rely on fault, there is no need to prove the negligent driver’s identity.

However, when a driver suffers more severe injuries, they could recover intangible losses through a third-party liability lawsuit. This is only possible if the police, the legal team, or another party can identify the driver who caused the accident. Alternatively, additional compensation may be possible by filing an uninsured motorist claim based on your UM policy if we cannot find the at-fault party.

Time Limits to Keep in Mind When Filing for Financial Compensation

There are deadlines for almost every step of the claims process when filing a PIP claim or an uninsured motorist claim based on your policy with your insurance company. There is also a three-year deadline for filing a lawsuit against the at-fault driver if we identify them.

Per New York Civil Practice Law & Rules (CVP) §214, you likely only have up to three years to identify the at-fault driver and begin your lawsuit against them. You must meet the applicable deadlines that apply in your case or risk losing the option of recovering financial compensation.

As long as we know about your case and have enough time to investigate it and take action on your behalf, we will ensure you meet these time limits. Contact us as soon as you are able following your accident so we can get to work. We will ensure that you meet all the filing deadlines that apply to your car accident claim.

Talk With a Hit-and-Run Accident Lawyer Serving Albany About Your Case Today

You may be able to secure fair compensation through a third-party liability claim or your uninsured motorist coverage following an Albany hit-and-run collision and a serious injury. An Albany hit-and-run accident attorney from Morelli Law Firm may be able to represent you and handle the claims process on your behalf. We provide services for accident victims based on contingency.

Call Morelli Law Firm today or complete our online contact form to get started with your free legal consultation. We can provide an assessment of your legal options and answer any questions about our services during this call with one of our personal injury attorneys.