Legal Question in Criminal Law in New York

DWI Hit and Run

I was rear-ended by a driver who left the scene and was told the driver was later arrested for DWI, although I am waiting to confirm facts from the police report, which is proving to be hard to get. I reported the car as it was leaving to 911; we also have the front license plate that was left at the scene by the other driver! The police have told me this was logged into evidence. The driver is claiming to never have been at the scene. I was brought to the hospital and released, and I am still in pain and suffering with head, neck and back injuries. I am afraid to make any statements or file forms with the police until I have legal counsel, as they seem to have sympathy for the handicapped driver who has had prior accidents, the facts of which I am unaware. I cannot even have my car repaired, as I have not been provided with the other driver's insurance info. Any advice would be helpful, as I have not been in this situation before and don't know who to trust!! Thank you.


Asked on 12/26/07, 4:45 pm

3 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: DWI Hit and Run

You should be going to a personal injury attorney tomorrow. As soon as possible, immediately! Consult with them, find one in your area and work with them. They can direct you as to the proper procedures. You should also talk to a local criminal attorney if advised by the personal injury attorney.

If you have any further questions, you can contact me at [email protected] or 516.746.4747

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Answered on 12/26/07, 5:41 pm

Re: DWI Hit and Run

You may have a personal injury case --it depends on your injuries. You should put your own carrier on notice of the accident and fill out a no-fault insurance claim. There are other things too. The front license plate is powerful evidence. I handle personal injury cases and would be happy to speak with you. This response is for informational purposes only and not meant to be legal advise as there is no attorney-client relationship at this time.

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Answered on 12/29/07, 6:36 am
James Kats James S. Kats, Esq.

Re: DWI Hit and Run

1. The police precinct covering the accident area will have your police report and can make you a copy.

2. With the police report, you will be able to get enough info on the driver's insurance carrier so you can make a claim with them. This will be problematic, however, since the carrier will probably disclaim coverage because he was intoxicated AND left the accident scene. Therefore, you must make claim with M.V.A.I.C.

3. Any attorney handling personal injury or negligence cases can help you with filing forms, but you must act quickly, especially with the MVAIC application.

James S. Kats, Esq. www.lawjsk.com

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Answered on 12/27/07, 9:48 am


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