Hit & Run Accidents EJ Smyth & Company Is Here For You

Hit-and-Run Attorney in Huntington

Serious Injury Claims Require Immediate Evidence Preservation

A driver who leaves the scene may leave someone with serious injuries and no obvious insurance company to pursue. EJ Smyth & Company represents individuals and families throughout Huntington, NY, in high-value vehicle accident litigation. We focus on significant, objective injuries such as fractures, spinal trauma, traumatic brain injuries, and injuries requiring surgery.

We’ve served injured clients since 1997, and our attorneys bring more than 50 years of combined civil trial experience to these claims. We examine how the collision happened, what evidence may identify the vehicle, and which insurance coverage may apply when the driver remains unknown.

Call (631) 814-2303 to discuss your injuries with a hit-and-run attorney serving Huntington, NY.

What to Do Immediately After a Hit-and-Run

Report the collision promptly and request a police accident report. Under the prescribed Uninsured Motorists Endorsement, a hit-and-run accident must be reported within 24 hours, or as soon as reasonably possible, to police, a peace or judicial officer, or the Commissioner of Motor Vehicles.

Preserve the information available at the scene:

Photograph the evidence. Capture vehicle damage, debris, skid marks, visible injuries, and the surrounding area before conditions change.
Identify witnesses. Record names and contact information for anyone who saw the vehicle, driver, collision, or direction of travel.
Give police specific details. Describe the unidentified vehicle and provide any available photographs, video, witness information, or partial license plate number.

Investigating a Huntington Hit-and-Run Claim

Once retained, we move quickly to inspect vehicle damage and seek surveillance footage before recordings are overwritten. We also analyze relevant cell phone records and subpoena event data recorder information. This vehicle system may capture speed, braking, and other operating data around the time of a crash.

We work with accident reconstruction engineers to evaluate physical evidence and collision mechanics. We prepare every claim for trial from day one, including gathering the evidence needed to address insurer challenges involving contact, fault, causation, and the extent of the injuries.

Why Choose EJ Smyth & Company?

Personalized Legal Guidance

We take the time to understand your goals and develop a strategy tailored to your unique circumstances.
50+ Years of Experience
Our attorneys bring decades of legal knowledge and practical insight to every matter we handle.
Languages We Speak
Our firm offers assistance in Spanish, Russian, and Armenian so you can communicate with confidence.
Affordable Legal Help
We don't think quality legal help should break the bank.

Coverage When the Driver Can’t Be Identified

State law treats an unidentified hit-and-run driver as uninsured for an uninsured motorist claim. Uninsured motorist coverage is mandatory in standard automobile liability policies and may compensate insured people and covered passengers for bodily injuries, subject to the policy terms and claim requirements.

Minimum bodily injury limits are $25,000 for each person and $50,000 for each accident. Minimum death limits are $50,000 for each person and $100,000 for each accident. The applicable policy may carry higher limits.

When an eligible New York resident is injured in the state and has no accessible automobile insurance through an individual or household member’s policy, the Motor Vehicle Accident Indemnification Corporation, commonly called MVAIC, may offer another path to compensation. Eligibility depends on the circumstances, available coverage, and compliance with MVAIC requirements.

How We Develop a Hit-and-Run Injury Claim

We offer free consultations for personal injury clients, available in person or virtually. During the initial review, we examine the collision, injuries, police documentation, available insurance, and approaching notice requirements. We then take over communications with insurance adjusters and manage medical documentation in complex injury claims.

High-value losses can exceed basic policy limits. When supported by the facts, we investigate umbrella policies, commercial automobile liability coverage, employer indemnity, and underinsured motorist provisions.

Discuss Your Claim Without Upfront Legal Fees

We handle personal injury matters on a contingency fee basis and advance investigation and litigation costs. Clients pay attorney fees only upon a successful recovery. Assistance is available in Spanish, Russian, and Armenian.

Arrange a free consultation with a hit-and-run lawyer serving Huntington, NY, by calling (631) 814-2303 or using our contact form.

Notice & Physical Contact Requirements

A claim under this coverage requires proof of physical contact between the unidentified vehicle and the claimant or the claimant’s vehicle. A driver who causes a crash by cutting someone off without making contact generally doesn’t satisfy this requirement.

The prescribed Uninsured Motorists Endorsement also requires written notice of the claim within 90 days or as soon as practicable. A sworn statement must be submitted to the insurer within 90 days of the police report, establishing a cause of action against an unidentified person. Because policy language and circumstances can affect compliance, we review the applicable endorsement and the dates of the collision, report, and notice.

Claims When the Hit-and-Run Driver Is Found

If the driver is later identified, the claim can shift to a bodily injury liability claim against that driver’s insurance coverage. Identification may also open potential recovery sources through vehicle owner or employer liability, depending on ownership, employment, and how the vehicle was being used.

Losses pursued in injury litigation may include:

Healthcare costs related to the collision injuries.
Lost income and reduced future earning capacity.
Pain and suffering associated with qualifying injuries.
Disfigurement caused by the crash.
Property losses based on the full market value of vehicle repair or replacement.

This bodily injury coverage doesn’t pay for damage to the claimant’s vehicle. Collision coverage may address repairs, subject to the policy terms and deductible.

Comparative Fault & the Serious Injury Threshold

New York generally reduces compensation by the percentage of fault assigned to the claimant, but for motor vehicle injury claims filed on or after May 26, 2026, a claimant found more at fault than the defendant can be barred from recovering entirely. We prepare serious crash claims to address shared-fault defenses using physical evidence, testimony, available recordings, and reconstruction analysis.

The state’s no-fault system generally requires a claimant to meet the serious injury threshold before pursuing a lawsuit against an at-fault driver. Under New York Insurance Law § 5102(d), qualifying conditions include fractures, permanent loss of use, significant disfigurement, and other specifically defined injuries. We evaluate medical records and the lasting functional effects of an injury when developing this part of the claim.

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