Riding a motorcycle through New York’s busy streets can be exciting, but it also carries unique risks—especially if you’re involved in a hit-and-run accident. A crash is bad enough. When the at-fault driver flees, it adds another layer of stress and uncertainty. Questions like “How do I cover my medical bills?” or “Can the police catch the fleeing driver?” may feel overwhelming, particularly when dealing with injuries.
In this post, we’ll explore what to do after a hit-and-run motorcycle accident, focusing on the steps you can take to protect your health and legal rights. We’ll also talk about how a hit-and-run motorcycle accident lawyer can help and how you may still be able to pursue a claim, even if the other driver remains unidentified.
First Steps to Take After a Hit-and-Run Motorcycle Accident
Many riders in New York are unsure how to handle a hit-and-run situation. Some believe they can’t seek compensation if they cannot identify the other driver. Others worry about filing insurance claims or dealing with law enforcement while also coping with injuries. Here is what to do if you’re ever involved in a hit-and-run accident.
1. Check for Injuries and Call 911
Your health and safety come first. If you’re hurt, call 911 immediately and request medical assistance. Even if your injuries seem minor, getting checked out by a medical professional is wise. Internal injuries or delayed symptoms can worsen if left untreated.
Calling 911 is essential because it will bring an officer to the scene who will create a formal police report. Explain what happened to the officers, and provide any information about the fleeing vehicle—license plate details, make, model, or color.
2. Move to a Safe Location (If Possible)
If you can safely do so, move yourself and your bike out of the flow of traffic. Staying in the middle of a busy street can lead to further accidents or injuries.
3. Document the Scene
While waiting for law enforcement, try to collect as much information as you can:
- Photograph the scene. Capture damage to your motorcycle, debris, skid marks, and the overall scene.
- Take notes. Jot down the date, time, location, and weather conditions.
- Speak to witnesses. If bystanders saw the crash, ask for their contact information and any details they recall.
Your health comes first. Do not risk hurting yourself further by trying to take photos or get additional information.
4. Notify Your Insurance Company
Contact your insurer and let them know about the accident. Provide them with the details you’ve gathered, but avoid making speculative statements about fault or the extent of your injuries. Stick to the facts. Remember that anything you say to an insurance representative could be used to evaluate—or potentially minimize—your motorcycle accident hit-and-run claim.
Insurance Coverage in a New York Hit-and-Run Motorcycle Accident
New York is a “no-fault” insurance state for typical passenger vehicles, but no-fault benefits do not apply to motorcyclists. This exception can complicate matters for riders, particularly when the at-fault party is unknown. Here are some potential insurance pathways you might explore:
- Uninsured Motorist (UM) coverage. If you have a policy that includes uninsured motorist coverage, you could file a claim if the driver who hit you can’t be identified or is uninsured. This coverage may help pay for medical costs and other losses up to the limits of your policy.
- Supplementary Uninsured/Underinsured Motorist (SUM) coverage. SUM coverage exceeds the standard UM limits. If the cost of your injuries exceeds the basic coverage, SUM may provide additional compensation.
- Personal health insurance. Health insurance may cover some medical expenses, but it typically doesn’t cover vehicle damages or lost wages. You may still face significant out-of-pocket costs.
Insurance claims can be challenging even in straightforward accidents. A hit-and-run motorcycle accident lawyer can help you examine your policy, gather evidence, and ensure you follow the correct filing procedures.
Building a Motorcycle Accident Hit-and-Run Claim
The success of your claim often rests on thorough evidence and proactive legal strategy. Below are some things about evidence to keep in mind when building your case:
- Keep detailed records of your treatment, from ambulance rides and hospital bills to follow-up appointments and therapy sessions;
- Independent witness accounts can support your version of events if the insurance company or a court questions whether the accident truly happened as you say it did;
- Find out whether any security cameras might’ve captured footage of the collision or the fleeing vehicle;
- The police may use evidence like paint chips, vehicle parts left at the scene, and license plate fragments to track down the driver, allowing you to file a personal injury claim against their policy; and
- Accident reconstruction experts can analyze the damage to your motorcycle and any physical evidence at the scene.
Once you’ve gathered evidence, you may be able to track down the fleeing driver. Even if you never discover their identity, you may still be able to claim compensation through your insurance policies.
How a Hit-and-Run Motorcycle Accident Lawyer Can Help
Dealing with a hit-and-run claim can be daunting, particularly while recovering from injuries. A dedicated attorney’s support can ease the burden in several ways:
- Investigating the crash. Lawyers can consult accident reconstructionists and work with local law enforcement to gather details that might identify the fleeing driver—or at least prove the collision occurred as you described.
- Navigating insurance policies. Coverage terms vary, and insurance companies sometimes dispute claims for hit-and-run incidents. An attorney can review your policy language to see what benefits you’re entitled to and negotiate on your behalf.
- Handling legal paperwork. Missing a filing deadline or submitting incomplete paperwork can damage your case. Having legal guidance helps you avoid procedural pitfalls.
- Advising on next steps. An attorney can outline the pros and cons of different strategies—like settling with your insurance carrier versus pursuing legal action—and help you decide the best path forward.
An experienced New York motorcycle accident lawyer recognizes that every case is different. By tailoring their approach to your circumstances, they can provide informed counsel to support your pursuit of fair compensation.
Contact Greenspan & Greenspan for Legal Assistance
At Greenspan & Greenspan, we’ve assisted injured riders in New York for decades. We understand the complexities of hit-and-run collisions and strive to offer precise information and support at each step. If you have questions about your rights, your insurance policy, or how to file a claim, consider reaching out for a consultation. An initial conversation often helps clarify your next steps and offers peace of mind as you focus on recovery.