Can A Pedestrian Recover Damages In A Hit And Run Where The Driver Was Not Identified In Rochester?

Sometimes a Rochester pedestrian can suffer serious personal injury when hit by a car that flees the scene of the accident.

If someone can identify the vehicle and the driver is later caught, the injured pedestrian can proceed to make a personal injury claim against that driver.

Obviously, this is not the case when the driver is never identified.

There are, however, avenues that an injured pedestrian may be able to pursue to recover damages when a hit and run driver cannot be identified.

If the injured pedestrian has his or her own auto insurance, it may be possible to bring a claim under the uninsured motorist (UM) coverage offered by the auto insurance policy.

This is insurance that may be purchased to protect the vehicle owner when he or she is injured by a vehicle that has no car insurance, which includes unidentified drivers.

For the person who purchased the auto insurance policy, it applies when they are injured by an uninsured vehicle even if they are not driving at the time.

The amount of UM insurance available would be based on the amount of insurance the pedestrian purchased when buying the auto insurance policy.

In cases where the injured pedestrian does not normally drive and has no other auto insurance available, compensation for bodily injury may be pursued from the Motor Vehicle Indemnification Corporation (MVAIC), which was created by New York State in 1958 to protect people injured by unidentified vehicles when no other insurance is available.

While the MVAIC provides initial payment of medical expenses and lost wages for the victims of hit and run drivers, it is also possible to pursue a bodily injury claim against the MVAIC similar to the UM insurance claim set forth above.

The maximum amount available should this claim be successful is $25,000.

If you were injured by a hit and run driver and need help, please feel free to call our office at 585-484-7432 for a legal consultation.

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