Hit and Run Accident with Minor Injuries...

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.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Hit and Run Accident with Minor Injuries...":

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 an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Hit and Run Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION