Hit and Run Car Accident Attorneys in Amherst

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When a driver flees the scene, you may still have a path to compensation through your own uninsured motorist coverage or, if you qualify, MVAIC. An Amherst hit and run accident lawyer at Hiller Comerford Injury & Disability Law can determine which coverage applies, meet the deadlines, and pursue the compensation available for your injuries.

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$2,500,000

Settlement at trial for negligent road design

$2,400,000

Settlement at trial for a construction worker

$1,750,000

For a student injured at school

$1,300,000

For a motorcyclist

$1,200,000

Verdict for Car Crash Victim

$1,000,000

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$950,000

For car crash victim

Types of Hit and Run Accident Cases We Handle in Amherst

A hit-and-run crash creates a different insurance problem from an ordinary collision because the person who caused the crash may be unknown or unavailable to pay a claim. Depending on the circumstances, compensation may come through your own uninsured motorist coverage, coverage available through a resident household member, or MVAIC if you meet its eligibility requirements. The right path depends on who was injured, what insurance is available, and whether the driver can be identified.

Our attorneys represent clients in Amherst hit-and-run accident cases involving:

  • Drivers struck by a vehicle that fled the scene
  • Pedestrians and cyclists hit by a driver who did not stop
  • Passengers injured when the vehicle they were riding in was struck by a fleeing driver
  • Multi-vehicle crashes where one driver leaves before police arrive
  • Hit-and-run accidents in parking lots at retail centers or near the University at Buffalo
  • Cases where the driver is later identified through witnesses, video, or physical evidence
  • Fatal hit and run accidents and wrongful death claims

The first priority is determining which claim applies and protecting it before a short deadline expires. Identifying the driver can change the available sources of compensation, but an unidentified driver does not necessarily leave you without a claim.

Why Amherst Hit and Run Victims Choose Hiller Comerford

Filing a claim through your own insurance company after a hit and run can feel like an odd position to be in, and insurers often treat these claims with the same resistance they would show a stranger’s case. Our 48 attorneys and 240-person team bring more than 300 years of combined legal experience to that fight, built over 27-plus years representing nearly 20,000 clients across Western New York.

Our personal injury lawyers in Amherst are litigators first, not just negotiators, and that courtroom experience, including in Erie County Supreme Court, shapes how we build a claim and what it actually takes to win one.

We Move on the Deadlines That Actually Matter

A hit-and-run claim can involve deadlines much shorter than the ordinary statute of limitations. For an unidentified vehicle, MVAIC generally requires a Notice of Intention within 90 days, and the accident generally must be reported to police within 24 hours. We treat those deadlines as a priority from the first call.

We Investigate to Identify the Driver

A driver who fled is not necessarily gone for good. Surveillance footage, witness accounts, vehicle debris, and other physical evidence can help identify the vehicle or driver. Finding that person can change the legal and insurance options available to you.

Prepared for UM Arbitration

Uninsured motorist disputes can proceed to arbitration under the terms of the applicable policy and New York law. We prepare the evidence and arguments needed for that process rather than treating arbitration as a formality. New York courts have also recognized specific requirements for hit-and-run UM claims, including the importance of physical contact in certain unidentified-vehicle cases.

We Have a No-Fee Guarantee

You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.

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Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.

You’re More than a Case

We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.

What Compensation Can You Recover After an Amherst Hit and Run Accident?

Not finding the driver does not necessarily end your claim. Depending on the coverage available and the circumstances of the crash, your Amherst hit and run accident lawyer may pursue:

  • No-Fault benefits: Coverage for eligible medical expenses and lost wages regardless of fault. A No-Fault application is generally due within 30 days.
  • Uninsured motorist benefits: Compensation for covered bodily injuries caused by an uninsured or unidentified vehicle, subject to your policy and New York law. Pain and suffering generally requires a qualifying serious injury.
  • Medical treatment: Emergency care, surgery, rehabilitation, ongoing treatment, and reasonably necessary future care.
  • Lost wages and earning capacity: Income lost during recovery and losses tied to a lasting reduction in your ability to work.
  • Property damage: Repair or replacement of your vehicle and other damaged property, depending on the applicable coverage and claim.
  • Wrongful death damages: When a hit-and-run crash causes a death, the decedent’s personal representative may pursue a wrongful death claim for eligible losses under New York law.

A hit-and-run claim can put your own insurance company on the other side of the dispute. Our job is to determine what coverage applies, document the full extent of your losses, and pursue the benefits and damages the policy and law actually provide.

"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."

Tim Hiller

Partner

How Does a Hit and Run Accident Lawyer Handle Your Claim in Amherst?

From the first police report through settlement or arbitration, our attorneys handle the investigation, insurance claims, deadlines, and legal process while you focus on recovering.

✓ Reporting the crash correctly: Make sure the accident is properly reported and required notices are addressed.

✓ Investigating to identify the driver: Pursue surveillance footage, witness leads, vehicle debris, and other evidence that may identify the fleeing vehicle.

✓ Determining the right source of coverage: Analyze your policy, applicable household coverage, and potential MVAIC eligibility.

✓ Meeting MVAIC deadlines: Handle the Notice of Intention and other requirements applicable to an MVAIC claim.

✓ Filing No-Fault paperwork on time: Help ensure your No-Fault application is submitted within New York’s 30-day deadline.

✓ Handling your insurer directly: Manage communications with the insurance company and respond to challenges to your UM claim.

✓ Preparing for UM arbitration: Build the evidence and legal arguments needed to pursue the benefits available under the policy.

✓ Adjusting the claim if the driver is found: Pursue the appropriate claim against the identified driver and evaluate any applicable underinsured motorist coverage.

The legal path can change as the investigation develops. If the driver is identified, new insurance and liability options may become available; if the driver remains unidentified, the focus shifts to proving the hit-and-run and securing the coverage available through your own policy or MVAIC.

Get in touch with a hit-and-run accident lawyer in Amherst, NY, to schedule a free case evaluation.

Common Injuries in Amherst Hit and Run Accidents

The AAA Foundation for Traffic Safety found that more than 70% of people killed in hit-and-run crashes from 2017 through 2023 were pedestrians and bicyclists, highlighting how vulnerable people outside a vehicle can be when a driver flees the scene.

Our Amherst hit-and-run accident attorneys help clients pursue compensation for injuries such as:

  • Traumatic brain injuries and concussions
  • Fractures and broken bones
  • Spinal cord injuries and paralysis
  • Internal injuries and internal bleeding
  • Road rash, lacerations, and permanent scarring

Serious injuries can require months or years of treatment, particularly when the crash causes brain, spinal, or orthopedic damage. We work to document both the treatment you need now and the future medical, financial, and personal consequences of the injury.

How Long Do I Have to File a Hit and Run Accident Lawsuit in NY?

Hit-and-run claims can have deadlines that arrive much sooner than the ordinary three-year personal injury statute of limitations. If you are pursuing MVAIC benefits after an unidentified-vehicle crash, MVAIC generally requires a Notice of Intention within 90 days, and the accident generally must be reported to police within 24 hours. A No-Fault application is generally due within 30 days.

These deadlines can determine whether a claim remains available at all. Speaking with an Amherst hit and run accident lawyer at Hiller Comerford promptly gives you more time to identify the driver, preserve evidence, and determine which insurance claim applies.

Frequently Asked Questions

Below are answers to common questions from hit-and-run accident victims in Amherst and Erie County.

What should I do immediately after a hit-and-run accident in Amherst?

Call 911 and seek medical attention. If you can do so safely, note the other vehicle’s make, model, color, license plate, direction of travel, and any identifying details. Look for witnesses and nearby cameras, and report the crash to police promptly. A timely police report can also be important when pursuing certain uninsured motorist or MVAIC claims.

Who pays for my injuries if the other driver is never found?

Your own uninsured motorist coverage may apply to a hit-and-run crash, subject to the terms of your policy and New York law. Coverage available through a resident household member may also be relevant. If no applicable insurance is available and you meet the statutory requirements, MVAIC may provide a path to compensation.

What if the driver is identified after my claim is already underway?

The available legal and insurance options can change. You may be able to pursue the identified driver’s liability insurance directly, while your own uninsured or underinsured motorist coverage may still matter depending on the driver’s coverage and the terms of your policy. Your attorney can reassess the claim once the driver’s identity and insurance status are established.

How much does it cost to hire a hit and run accident lawyer in Amherst?

At Hiller Comerford Injury & Disability Law, we handle hit and run cases in Amherst and across Erie County on a contingency fee basis, which means you pay nothing upfront and owe us nothing unless we recover compensation for you. Your initial case evaluation is free, and this is also where we can explain our fee structure in more detail and answer any other questions you may have before making a decision.

Can I recover compensation if I was partly at fault for the accident?

Yes. New York’s pure comparative negligence rule allows you to seek compensation even if your own actions contributed to the crash. The amount you recover can be reduced to reflect your share of fault, so the details of what happened before and during the hit-and-run can still matter to the value of your claim.

What if there was no physical contact with the hit-and-run vehicle?

That can matter significantly in an uninsured motorist claim. New York courts have held that physical contact is generally a condition precedent to arbitration involving an unidentified hit-and-run vehicle, subject to the applicable statutory and policy requirements. An attorney should review the exact circumstances before assuming a UM claim is available or unavailable.

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