Car accidents can be really invasive for their victims. This is especially true for a hit-and-run accident in crowded cities like New York or Buffalo. Besides having injuries to treat and car damage to tackle, the victims are unsure if they will recover any of their losses. A Buffalo car accident lawyer can surely bring some answers and peace of mind in such situations.
They can investigate, identify the driver at fault, and find out if they carry insurance. The driver’s leaving the accident scene could mean that they are uninsured. However, other scenarios are possible as well. They may have been:
- Severely intoxicated
- Trying the get away unrecognized as they are a public figure
- Driving without a license or while having their license suspended
- Panicked and did not know what to do
No matter which of these scenarios applies, one thing is certain: car accident victims should not give up without a fight. Usually, there are more than one recovery options available, and the best way to exploit them is with the help of a car accident attorney.
Recovery Options in a Hit-and-Run Accident
1. Filing a Claim with the Insurer of the Party at Fault
This option is available when the party at fault carries liability insurance. The claimant has to prove that the insurer’s client acted negligently and their negligence caused the accident. They will also need to document all their losses, from property damage and medical bills to lost income, pain and suffering, and more.
2. Filing a Claim with Their Own Insurer
When the driver at fault is uninsured, the first thing a Buffalo car accident lawyer does is to check their own client’s insurance coverage. If the latter carries Uninsured / Underinsured Motorist coverage, they can file a claim with their own insurer.
It is important to note that most New Yorkers carry such coverage. NY Consolidated Laws Section ISC § 3420 forces insurers to offer it to their clients. Therefore, unless someone explicitly rejected this coverage from their insurance policy, chances are they still carry it.
3. Suing the Party at Fault in Civil Court
When there is no insurance coverage available to justify a compensation claim, Buffalo car accident attorneys will look into the possibility of suing the party at fault. The law certainly allows it, but it is important to assess if the option is worth pursuing.
Court trials involve considerable costs and time and effort investments. However, favorable court verdicts do not guarantee recovery. If the party at fault is uninsured, it could be because they could not afford the minimum liability insurance.
Perhaps they are unemployed or even bankrupted. Perhaps they have no assets to their name. Recovery would be impossible in such situations, and the victim would have to cover the court trial expenses as well.
4. Recovery from Third Parties
Experienced Buffalo auto accident lawyers will not give up on their clients without exploring all options. If none of the above is available, they will explore the possibility of seeking recovery elsewhere. Perhaps the party at fault was employed and during their work hours, and it is possible to seek compensation from their employer.
Perhaps other parties were partially responsible for the accident and it is possible to seek compensation from them. They could be the road administration or a repairs company, a repair shop that provided poor services or a supplier that provided defective parts.
The list could continue, but the conclusion would be the same. Recovery is possible in a hit-and-run accident. However, it requires the skills and knowledge of an experienced Buffalo auto accident lawyer. The latter will review the case, evaluate all options available, and choose the best one for the given circumstances.
If there are no recovery options available or they are not worth pursuing, they will inform their client. This way, the latter will know what to expect and how to plan their future actions. They will also be able to avoid unnecessary future expenses.
Consult an Experienced Car Accident Lawyer About Your Hit-and-Run Accident
If you were the victim of a hit-and-run accident in Buffalo or its surroundings, we can help. Our Buffalo Car Accident Lawyers can review your case, identify the best recovery option, and advise you accordingly. The first consultation is free, so you have nothing to lose. You will gain information, advice, peace of mind, and, if you let us, help to obtain the compensation you deserve.