A hit and run accident can leave you injured, shaken, and uncertain about how to move forward. When a driver causes a car accident and then flees the scene, victims are often left dealing with medical bills, property damage, and unanswered questions about who will pay for their losses. If you or a loved one has been injured in a hit and run accident in Depew or Buffalo NY, speaking with a Depew hit and run accident lawyer can help you understand your legal rights under New York law.

Brown Chiari LLP is a law firm serving clients throughout Buffalo NY and Western New York. Our accident lawyer team has substantial combined experience handling car accident claims, including complex hit and run cases. We offer a free consultation so you can explore your legal options and determine the best path forward.

Understanding a Hit and Run Accident Under New York Law

A hit and run accident occurs when an at fault driver leaves the scene of a car accident without providing identification or assistance. Under Vehicle and Traffic Law § 600, drivers involved in an accident are required to stop and exchange information. When a driver fails to stop after a hit and run incident, it creates additional legal and insurance complications.

Even if the at fault party cannot be immediately identified, an injured person may still have options. In New York, the no fault system under Insurance Law § 5103 provides Personal Injury Protection benefits that cover basic economic loss, including certain medical expenses and lost wages, regardless of fault. A No Fault application must generally be submitted within 30 days of the accident.

Uninsured Motorist coverage, required under Insurance Law § 3420(f)(1), is separate from the no fault system. UM coverage applies when bodily injury is caused by an uninsured or hit and run driver. In many hit and run accident cases, a claim may be made under the injured person’s uninsured motorist policy. These claims often require prompt notice to the insurer and, in cases involving an unidentified vehicle, proof of physical contact or corroborating evidence.

Understanding the distinction between no fault benefits and uninsured motorist coverage is critical in any run accident claim.

Serious Injury Threshold and Comparative Negligence

To recover non economic damages such as pain and suffering after a car accident in New York, an injured person must meet the serious injury threshold defined in Insurance Law § 5102(d). This may include fracture, significant disfigurement, permanent limitation of use, or a medically determined impairment that prevents usual activities for at least 90 of the first 180 days following the accident.

Insurance companies often challenge whether a claimant meets this threshold in hit and run accident cases.

New York also follows pure comparative negligence under CPLR § 1411. Even in a hit and run case, insurers may argue that the injured party contributed to the accident. If an injured person is found partially at fault, compensation may be reduced by that percentage but not barred entirely.

Our car accident attorney and accident attorney team carefully evaluates these issues and builds a claim supported by medical records and other evidence.

Common Injuries in Hit and Run Accidents

A hit and run accident can cause serious injuries and severe injuries, particularly in high speed collisions or when a pedestrian is hit. Common injuries include fractures, back injuries, head trauma, and other conditions that may result in significant disfigurement or life changing consequences.

Many injured individuals require immediate medical attention and ongoing treatment. Medical expenses, lost wages, and physical pain can disrupt daily life and create lasting hardship. In the most tragic situations, a hit and run accident may lead to wrongful death claims on behalf of a loved one.

Our accident lawyer team works closely with medical providers to review medical records and document the full extent of injuries.

Investigating a Hit and Run Incident

A thorough investigation is essential in any hit and run accident case. Our accident lawyer team works to gather evidence quickly, including police reports, witness statements, surveillance footage, and vehicle debris from the accident scene.

In some cases, further investigation identifies the at fault driver. When responsible parties are located, we pursue compensation directly through a personal injury claim or personal injury lawsuit if necessary.

Hit and run cases often turn on small details. Insurance companies may scrutinize all the details of the incident and question the credibility of the claim. Strong legal representation helps ensure that critical evidence is preserved and presented effectively.

Compensation in Hit and Run Cases

Victims of a hit and run accident may seek compensation for medical bills, medical expenses, lost wages, property damage, and other losses. Property damage to your car or other vehicle can add additional financial stress.

When an uninsured motorist claim is filed, compensation may also include damages for pain and suffering if the serious injury threshold is met. Our car accident lawyer team works to pursue compensation that reflects the full impact of the accident on your life.

We focus on negotiating settlements with insurance companies while preparing each claim for the possibility of litigation. If a fair settlement cannot be reached, filing a personal injury lawsuit may be necessary to recover compensation.

Deadlines for Filing a Claim

In most personal injury cases arising from a car accident in New York, the statute of limitations is three years from the date of the accident under CPLR § 214(5). If a hit and run accident results in death, a wrongful death claim generally must be filed within two years under EPTL § 5-4.1.

If a municipal vehicle or roadway defect is involved, a Notice of Claim must typically be filed within 90 days under General Municipal Law § 50-e, and a lawsuit must generally be commenced within one year and ninety days under § 50-i.

Uninsured motorist claims may also require prompt written notice and compliance with policy conditions. Consulting a car accident attorney quickly after a run accident helps protect your legal rights.

Why Choose Brown Chiari LLP

Brown Chiari LLP is a respected law firm serving Buffalo NY and the broader Western New York region. Our accident lawyer and car accident lawyer team provides personalized attention and strong representation to every client.

We handle cases on a contingency fee basis, meaning you pay no legal fees unless we recover compensation on your behalf. With substantial combined experience in personal injury law and auto accidents, we understand the unique challenges presented by hit and run cases.

Take Action Today with Brown Chiari LLP

Learn more about how a Depew hit and run accident lawyer can help you pursue compensation after a hit and run accident. Call Brown Chiari LLP at 716 681 7190 to schedule your free consultation. Contact our office today to speak with an experienced accident lawyer about your claim.