Legal Question in Criminal Law in New York

My friend was a victim of a hit and run, possible drunk driver.

At 4am my friend and i were walking on the white of the road w/ traffic, when she was clipped from behind in a 30 mph zone in which the car was obviously going much fast (at least 55 mph)knocking her of her feet and sent her skidding across the ground into a chain link fence. The driver never stopped! What exactly can my friend sue for, and how much could she possible get? She is in the hospital lucky to be alive with many injuries (her leg has a rod in it, she broke her pelvic bone, she needs grafting and plastic surgery done on her entire elbow area, and possibly legement surgery on her knee).


Asked on 6/11/03, 9:00 am

4 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: My friend was a victim of a hit and run, possible drunk driver.

Your friend does have legal rights even if the driver is never identified. In N.Y. S. there is provision for compensation for injuries received by innocent victims .For more info and greater details contact my office @718-834-0087. My office would like to help you in your quest for justice.

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Answered on 6/13/03, 1:47 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: My friend was a victim of a hit and run, possible drunk driver.

Your first task is to find the driver. Without a driver, and hopefully an insurance policy on his/her car, there is nobody to sue.

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Answered on 6/11/03, 9:08 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: My friend was a victim of a hit and run, possible drunk driver.

This is a terrible thing! I hope the surgery and rehab go well and your friend is able to walk again. There are some state 'uninsured motorist' funds that may be able to help with the hospital expenses.

It is hard for me to say this; but without knowing who the criminal driving the car or the owner of the car it is hard to bring a lawsuit. You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first (646)591-5786.

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Answered on 6/11/03, 11:36 am

Re: My friend was a victim of a hit and run, possible drunk driver.

I strongly disagree with the opinions by the other attorneys. There are things your friend can do. First, your friend can make a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), an agency set up by the government to help victims of hit-and-run drivers. The police have to be notified of the accident within 24 hours - I assume that this is no problem because they either responded to the scene or to the hospital.

The maximum MVAIC can pay for pain and suffering is $25,000. MVAIC can also pay up to $50,000 for medical bills and lost wages. A no-fault claim has to be filled out with MVAIC for this.

In addition, if either your friend or anyone he/she lives with has car insurance, your friend may be able to make a claim on that policy, depending how much coverage is on the policy.

I handles these cases on a contingency basis and would be happy to discuss it further with you or your friend. My number is (212) 622-7180. Good luck to your friend.

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Answered on 6/11/03, 1:37 pm


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