A hit-and-run accident is one of the most frustrating types of accidents a person can be involved in since it leaves many questions unanswered, especially since there is the possibility that the person responsible may never be found. Among the many questions that will flood your mind, one would rise to the top—does my no-fault insurance cover hit-and-run accidents?
At Gabriel Law, we believe that this is a justifiable concern, and in this blog, we will step into the shoes of an accident lawyer in Queens and explain the relationship between no-fault insurance and hit-and-run accidents while also looking into alternative paths to compensation.
What is no-fault insurance in New York?
“No-fault insurance” in New York is another term used to describe Personal Injury Protection (PIP) insurance. Through their PIP coverage, a person who has been injured in an accident can claim compensation for their medical expenses, lost income, and other connected expenses for up to $50,000.
The PIP is also referred to as no-fault insurance because New York itself is a no-fault state, and a person injured in a car accident can claim said compensation, regardless of their fault in the accident. This means that even when a person is partially to blame for the accident, they are still entitled to the full compensation they claim.
Does no-fault insurance cover hit-and-run accidents?
Yes, if you are injured in a hit-and-run accident, you can claim compensation for the economic damages you have suffered under no-fault insurance. This is because you claim compensation from your PIP coverage rather than that of the party at fault. That being the case, the fact that we are unable to find the driver responsible for your damages would not impact your ability to claim compensation through your PIP.
What is UM/SUM coverage?
Your Uninsured Motorist (UM) coverage is the insurance coverage that steps in to compensate for damages if you have been injured by an uninsured driver or the driver at fault has fled the scene and cannot be found (hit-and-run). At the same time, you also have the option of getting yourself a Supplementary Uninsured Motorist (SUM) coverage to secure yourself higher insurance limits.
In a situation where a person has been injured in a hit-and-run accident, their injuries would be first compensated by their PIP coverage. However, if the total value exceeds the PIP coverage’s $50,000 threshold, your UM/SUM can step in to cover the additional amount. Apart from the medical expenses and lost income, you can use your UM/SUM to cover non-economic damages such as pain and suffering.
What is the MVAIC?
If you are not protected by any applicable insurance coverage, then the Motor Vehicle Accident Indemnification Corporation (MVAIC) can be a potential lifeline for compensation. To be eligible for compensation, you must show that:
- You were involved in a motor vehicle accident in NYC.
- You were a resident of New York when you met with the accident.
- You have no automobile insurance available that can cover your damages.
- You were not the owner of the uninsured vehicle connected to the accident, and
- You were not the spouse of the owner of the uninsured vehicle that was involved in the accident.
If you can successfully fulfill the above requirements, then you have the opportunity to claim compensation through the MVAIC as a pedestrian hit by an unidentified/uninsured car, a bicyclist hit by an unidentified/uninsured car, or a passenger in an uninsured vehicle.
How long do you have to file an insurance/MVAIC claim?
When filing an application for no-fault insurance, UM/SUM insurance, or compensation under the MVAIC, the insurance company must be informed of the accident, and the relevant forms and documents must be filed within 30 days of the accident.
Conclusion
As a car accident lawyer in the Bronx, the team at Gabriel Law understands how concerning it can be to be injured in a hit-and-run accident, especially when the at-fault driver is nowhere to be found. However, there is a well-established process for claiming compensation after car accidents in New York, and if you are in need of an experienced car accident lawyer in NYC to guide you through the insurance and legal hurdles, then Gabriel Law is here to help. Contact us today and schedule your free consultation and experience legal professionalism unlike any other.