Even in a small upstate city like Glens Falls, it is not uncommon for drivers to be involved in ahit-and-run car accident. Indeed, many tourists, commercial trucks, business travelers, and out-of-state residents pass through the area on a given day. Many of them are in a hurry to get where they are going and do not bother to stop if they accidentally strike another vehicle. And by the time the driver who was hit stops and takes stock of the situation, the hit-and-run vehicle is long gone.
Keep in mind, leaving the scene of an accident is against the law in New York. Even if nobody appears seriously injured, all drivers must immediately stop and render aid. This means that if you are involved in an accident, you should always take the following steps:
- pull your vehicle out of traffic, if possible;
- share your name, contact information, and insurance information with the other drivers, and make sure they do the same;
- call 911 or the Glens Falls Police Department if someone appears to be injured, dead, or if there looks to be significant property damage; you must then wait for an officer to attend the scene and prepare an official accident report.
Even in a hit-and-run accident, you should still follow these steps. Indeed, the law requires you to contact the police anytime the other vehicle leaves the scene. The police can then try and locate the hit-and-run vehicle. And even if they are unsuccessful, you will still need an accident report to submit to your own insurance company.
Appellate Division Tosses Personal Injury Case Due to Lack of Vehicle Identification
If you do manage to identify and locate the hit-and-run driver, however, you may be able to pursue a personal injury claim if your damages exceed New York’s statutory no-fault threshold. The caveat here is that you need to be sure you have identified the correct vehicle and driver. While the burden of proof in a New York personal injury case is not as stringent as, say, a criminal prosecution, as the injured party you still need to prove your case by a “preponderance of the evidence.”
A recent decision from the Appellate Division, Second Department, provides a cautionary example. In this case, Tejada v. Gassaway, the plaintiff was driving his car in New York City when he was rear-ended at an intersection. The other vehicle left the scene without stopping. The plaintiff stopped and called the police.
The plaintiff identified the vehicle that hit him as a 2015 Honda CR-V with a New Jersey license plate. He subsequently identified the owner of the vehicle–the defendant in this case–and proceeded to file a personal injury lawsuit against her. In response, the defendant moved for summary judgment, arguing there were insufficient facts alleged to prove she owned the specific vehicle involved in the accident. While the defendant admitted she owned a 2015 Honda CR-V, she maintained that both her and the vehicle were at home in New Jersey at the time of the plaintiff’s rear-end accident.
While a state Supreme Court judge denied the defense motion for summary judgment, the Appellate Division reversed and ordered the case dismissed. The Second Department noted the plaintiff never explained in his lawsuit how he “was able to obtain the license plate of the defendant’s vehicle at the scene of the accident.” More to the point, the plaintiff never offered a credible description of the vehicle that hit him to the police. His only evidence was the police accident report, in which the plaintiff described the hit-and-run vehicle as a “black Chrysler minivan” and not a Honda CR-V.
Improving Your Chances for a Good Identification
If you cannot recall precise details about a hit-and-run vehicle, that is understandable. These accidents usually occur in a split second and leave drivers with little time to react or even take stock of the situation. Still, as the case above demonstrates, making an incomplete or inaccurate identification is of little help if you want to pursue a personal injury claim. So here are a few things to keep in mind when you need to identify a vehicle that leaves the scene of a car accident in Glens Falls:
- If you are not seriously injured and can think to act quickly, pull out your smartphone and take a picture of the hit-and-run vehicle–and its license plate–before it has completely left the scene.
- Even if you did not see the vehicle that hit you, someone else in the area might have. While you are stopped at the accident scene and waiting for the police to arrive, try to identify other drivers or eyewitnesses who can describe the make, model, and license plate of the hit-and-run vehicle. Take down the contact information for these witnesses and ask them to stay until the police arrive to prepare an official accident report.
- If your hit-and-run accident occurred in a commercial area, check with the local store owners to see if they either saw what happened or possibly have security camera footage of the accident.
Finally, you should speak with an experienced Glens Falls car accident lawyer as soon as possible following your hit-and-run. An attorney can do several things to help. They can speak with the police and the Department of Motor Vehicles to try and identify the hit-and-run driver. They can deal with your insurance company on your behalf to ensure you receive any no-fault or uninsured motorist benefits you are entitled to under your policy. And if the hit-and-run driver is successfully identified, your attorney can take appropriate legal action to recover any damages that exceed your insurance coverage.
Larson & Gallivan Law represents car accident victims throughout Glens Falls. We have the experience and resources to fully investigate your hit-and-run accident and advise you of your options when it comes to seeking compensation for your injuries.Contact us today to schedule a free consultation.