Visitor Question

Hit and Run Accident with Minor Injuries…

Submitted By: Riima (Jamaica,NY)

I don’t think this is a criminal law question, but I was recently the victim of a hit and run. EMS was called to the scene and I was treated. I was able to walk away with a few scrapes and a small knee injury.

I filed a report with the police department and gave the driver’s license plate and car description. Now I’m being told that even though all I have is a slight knee sprain from the hit(he hit me not a car) that I should sue him.

Is that possible, and what actions should I take? Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Riima,

Riima:

We certainly are glad your injuries were not more serious. Your first inclination was correct. Consider the following:

First: The amount of time and effort you will need to put in to locate the vehicle.

Second: Trying to determine who the driver was. She might be the owner, the owner’s daughter, wife, or maybe their son.

Third: Trying to get the owner and driver to cooperate. Inasmuch as you don’t have their insurance information, and at this point cannot legally compel them to give it to you, you are at a further disadvantage.

Fourth: If you were to somehow get their insurance information you would have to call their insurance company and file a claim.

Fifth: After a couple of weeks you will be contacted by an insurance Claims Adjuster. She will want to take your recorded statement.

Sixth: If, and that’s a big if, the insurance company accepts liability you will need to provide the Adjuster with copies of your medical records. Inasmuch as you thankfully don’t have any, the Adjuster will offer you no compensation. Pain and Suffering do not apply in cases of this nature.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 25, 2011

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