Rochester Hit-and-Run Accident Lawyers

Aggressive Representation to Bring Fleeing Drivers to Justice

A hit-and-run car accident occurs when a driver involved in the crash leaves the scene without stopping to exchange information or offer aid. New York law requires all drivers to stop after an accident, regardless of whether they’re at fault. New York VTL § 600 sets for the obligations drivers are required to follow.

If, after an accident, a driver does leave the scene improperly, the accident is classified as a hit-and-run. The person injured and who remained at the scene can still file a personal injury claim, but the other driver leaving the scene will complicate matters significantly without knowing who their insurance carrier is.

At Horn Wright, LLP, our Rochester hit-and-run accident lawyers are dedicated to protecting the rights of victims and holding negligent drivers accountable. We understand the complexities of these cases and will work tirelessly to build a strong case on your behalf.

Don't let a hit-and-run driver escape justice. Contact us today for a free consultation.

What Should You Do After a Rochester Hit-And-Run Car Accident?

Like any accident, call 911 to report the event and make sure to request medical treatment if you or anyone at the scene is injured. The Rochester Police Department, Monroe County Sheriff’s Office, or the New York State Police will arrive thereafter and document the details of the crash. It’s important to gather any information you can at the scene like photographs or witness information, and the details of the driver and vehicle that fled the scene. You have 10 days under New York law to file an accident report with the DMV. You’ll want to do that quickly to improve the odds of any investigation by the responding police department to find the identity of the hit-and-run driver.

How Does Uninsured Motorist Coverage Work After a Hit-And-Run Accident?

Uninsured motorist coverage covers damages if the at-fault driver can’t be identified or doesn’t have insurance. Uninsured motorist coverage is mandatory for all drivers in New York under § 3420(f)(1). Uninsured coverage allows you to recover compensation for medical bills, lost wages, and other damages caused by a hit-and-run driver in excess of the coverage provided by your No-Fault insurance. You’ll need to file a claim for uninsured motorist benefits through your automobile insurance company. Your uninsured motorist coverage will still apply even if the driver that hit you is never located.

Can You Sue a Hit-And-Run Driver After an Accident in Rochester?

You can absolutely sue a hit-and-run driver if and when they’re identified. There are both criminal and civil consequences in New York for hit-and-run drivers. New York VTL § 600 makes leaving the scene a misdemeanor or felony, depending on the severity of injuries. Once the driver is found, you can file a personal injury lawsuit to recover compensation for your injuries to pursue them from a civil standpoint. 

How Are Hit-And-Run Drivers Punished in New York?

Hit-and-run drivers face serious penalties under New York law. If the accident results in property damage, the driver can be found to have committed a traffic infraction. If there are injuries, the hit-and-run then escalates and becomes a misdemeanor. If the accident causes serious physical injury or death, the driver can face felony charges. Penalties for leaving the scene of an accident can include fines, license suspension, and jail time. Regardless of whether criminal charges are filed you can still pursue a civil claim for damages through a personal injury lawsuit.

How Do Rochester Police Investigate Hit-And-Run Car Accidents?

Immediately after they’re notified of a hit-and-run accident, Rochester police will investigate to locate the fleeing driver. Witness statements that provide details on the vehicle description or license plate number, security camera footage, and any other identifying evidence from the scene like debris will help the Rochester police track down the identity of the hit-and-run driver. Once identified, the driver can face criminal charges and their insurance information becomes available for you to contact and place a claim.

What Evidence Should You Collect After a Hit-And-Run Accident?

Collecting evidence after a hit-and-run accident strengthens your insurance claim or legal case. First, take photos of the accident scene, including damage to your vehicle and any visible skid marks or debris. If there are witnesses, ask for their contact information and statements. If you notice surveillance cameras in the area, note their locations and ask the police to retrieve the footage. Your detailed notes about the event, including the time, location, and description of the fleeing vehicle, will help both law enforcement and your attorney.

How Do Witnesses Help in a Hit-and-Run Accident in Rochester?

Witnesses play an important role in hit-and-run investigations by providing additional details about the fleeing driver’s vehicle, appearance, or even their direction of travel leaving the scene. Witnesses may also have seen things that the other driver might’ve missed dealing with the aftermath of the crash. The Rochester Police Department relies on witness testimony to obtain any additional information that will lead them to the identity of the driver. A single statement from a witness that saw the crash and can help identify the hit-and-run driver can dramatically increase your odds of finding the at-fault driver’s insurance company.

How Long Does a Hit-And-Run Investigation Take?

A hit-and-run investigation will vary quite a bit depending on the actual facts of your case. Some investigations resolve within days if there are multiple witnesses or security cameras were able to capture the license plate of the other driver. Other cases could take weeks to months to resolve, especially if no one at the scene was able to see license plates or there weren’t any witnesses around. An experienced car accident attorney can help the Rochester Police Department or the Monroe County Sheriff’s Office in their investigation by providing any information they discover during their information gathering process for your case.

How Do Security Cameras Help Catch Rochester Hit-And-Run Drivers?

Security cameras near the scene of a hit-and-run are a savior for car accident victims trying to identify a hit-and-run driver that fled the scene. Traffic cameras, storefront surveillance in places like Park Avenue or East Avenue, and even sometimes residential security cameras can capture the hit-and-run driver’s car and even license plate. When you report the accident to the Rochester Police Department make sure to let them know of any cameras you noticed while at the scene of the accident. 

How Do You File an Insurance Claim After a Hit-And-Run in New York?

The first thing you need to do is report the accident to your car insurance company as soon as possible. You’ll need to give them a copy of the police report, any evidence you might’ve collected from the scene, and the names and contact info of any witnesses you were able to identify. Your uninsured motorist coverage can pay for your damages if the driver is later unable to be identified. 

Can You Recover Compensation if the Hit-And-Run Driver Is Never Found?

There are still avenues to recover compensation for your damages even if the hit-and-run driver is never located. Your New York uninsured motorist coverage can pay for your pain and suffering, as well as any medical expenses, lost wages, and other damages that are in excess of your New York No-Fault benefits coverage. The amount you’re able to recover will depend on the limits of your policy and the severity of your injuries and damages. If the other at-fault driver is eventually located you can pursue a personal injury case directly against them and their bodily injury coverage.

How Does No-Fault Insurance Work with a Rochester Hit-And-Run Accident?

Rochester car accidents will still follow the New York No-Fault insurance system. This means that your own insurance company will pay for your medical bills and lost wages regardless of fault. After a hit-and-run accident, you’ll need to put your No-Fault insurance company on notice of your claim within 30 days after the accident. Make sure to remember your No-Fault coverage is separate from your uninsured motorist coverage, which compensates for non-medical, “non-economic” damages like pain and suffering. No-Fault insurance provides an immediate source of benefits so you can recover your lost wages and receive medical treatment during the pendency of the case.

What Is the Statute of Limitations for Hit-And-Run Claims in New York?

The statute of limitations for filing a personal injury claim in New York after a hit-and-run accident is three years from the date of the accident. If the driver is not immediately identified, you still must file within this time frame. However, certain exceptions exist, such as if the victim was a minor or if the driver’s identity is discovered later. Another added element in a hit-and-run accident is the possibility of applying to the Motor Vehicle Accident Indemnification Corporation (MVIAC) for coverage. You’ll definitely want to speak with a car accident lawyer at Horn Wright, LLP, about the process of securing coverage for your injuries under multiple avenues of coverage.

Can You File a Lawsuit Against the Hit-And-Run Driver's Insurance Company?

If you’re eventually able to track down the hit-and-run driver and they have liability insurance you can absolutely file a personal injury lawsuit in Monroe County Supreme Court. New York requires drivers to carry liability insurance (a minimum of $25,000 per person, $50,000 per accident). Your personal injury lawsuit can also include claims for any medical bills or lost wages in excess of that covered by your New York No-Fault benefits. More importantly, your personal injury lawsuit will include claims for pain and suffering. If the at-fault driver’s insurance company doesn’t want to provide a reasonable settlement offer for your car accident lawyer at Horn Wright, LLP, can immediately file a lawsuit.

What Should You Do If You Witness a Hit-And-Run Accident?

If you witness a hit-and-run accident, make sure to stay at the scene. Try and take note of as much information about the fleeing vehicle as possible: make, model, color, and license plate if you can see it. Once you grab that information, call 911 to report the accident and provide your account to the Rochester Police Department when they arrive. The details you observed at the scene will definitely help the officers track down the hit-and-run driver. Don’t try to pursue the hit-and-run driver as it could put you in danger.

What Are the Most Frequent Locations for Hit-And-Run Accidents in Rochester?

Hit-and-run accidents in Rochester, like many cities, usually happen in high-traffic areas and intersections. Locations in downtown Rochester, like East Avenue and Park Avenue, and major intersections like Monroe Avenue and Culver Road see more frequent hit-and-runs due to congestion and stop-and-go traffic. Residential neighborhoods also have a high frequency of hit-and-runs, particularly where visibility is low or parking is dense. Accidents in parking lots are also common from drivers colliding with parked vehicles.

Injured in a Hit & Run Accident?

If you or a loved one has been injured in a hit-and-run accident in Rochester, it's crucial to seek legal advice promptly. At Horn Wright, LLP, we have the knowledge and resources to investigate your case, gather evidence, and negotiate with insurance companies to secure the compensation you deserve.

Don't delay. Contact our Rochester hit-and-run car accident lawyers today to schedule a free consultation.