What if the driver who hit me left the scene?

If the driver fled, you're dealing with a hit-and-run. You can still file a claim, especially if you or someone in your household has uninsured motorist (UM) coverage. In New York, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide coverage in certain hit-and-run situations if no other insurance applies.

How long do I have to sue someone after being hit by a car?

Statutes of limitations deadlines vary from state to state. In most states, including New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, if a public employee or government agency (such as the MTA) was involved, you may need to file a Notice of Claim within 90 days. Always consult a lawyer to confirm the timeline in your specific case.

What if I was partly at fault for the accident?

New York follows a pure comparative negligence rule, which means you can still recover damages even if you were mostly at fault. Your compensation is reduced by your percentage of fault, but it doesn’t disqualify you from recovery. For example, if you’re found 20% at fault, your damages would be reduced by 20%.

How much does it cost to hire a pedestrian injury lawyer?

Most personal injury lawyers, including those in New York City, work on a contingency fee basis. That means you don’t pay up front. Instead, the lawyer receives a portion of the settlement or verdict if your case succeeds. If there’s no recovery, there’s no legal fee.

Do I need to go to court to sue the driver?

Not necessarily. Many pedestrian accident claims are resolved through settlements with insurance companies before trial. However, if negotiations fail or the insurance company disputes liability, your case may proceed to court. Having a lawyer prepares you for either outcome.

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Can You Sue Someone for Running You Over?

November 12, 2025

A walk to the corner store, the subway, or school shouldn’t end with a trip to the ER, but for thousands of pedestrians each year, it does. A car comes out of nowhere, and your life changes in a flash. If you’re recovering after being hit by a car, you probably weren’t prepared for the […]

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Can I Sue the City if I Was Hit by a City Bus?

September 4, 2025

Being struck by a city bus can result in serious injuries, significant medical expenses, and lost income that can dramatically impact your life. If you’ve been involved in such an accident, you may wonder whether you have legal recourse against the municipality operating the transit system. The answer is generally yes, but suing a city […]

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What Happens When Someone Dies in a Car Accident?

December 9, 2024

When your loved one has died in a car accident, your family has suffered the personal injury under the law. You have lost someone who played an important role in your family in many ways. If the deceased person was a working adult, they provided financial support for the family. Regardless of whether the family […]

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Who Pays Medical Bills in a Car Accident?

March 18, 2024

Car accidents regularly result in a wide range of injuries. Often, without medical treatment, these injuries can worsen or develop long-term complications. Many accident victims hesitate to get medical attention due to healthcare costs and uncertainty over who might pay their medical bills for the accident. Covering medical expenses is understandably a big worry for […]

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Can a Car Accident Claim Be Reopened?

March 18, 2024

Settling a car accident claim usually ends the legal process. Both parties agree on a compensation amount, which closes the case. This settlement agreement often includes a clause that absolves the insurance company from any further claims related to the accident, essentially finalizing the agreement. However, you may reopen a settled case under specific conditions. […]

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Leading Lawyers in New York

October 9, 2023

Welcome to Diamond Injury Law For over two decades, Ivan M. Diamond, Esq. has been a beacon of hope for victims of negligence and medical malpractice in New York, helping his clients secure substantial monetary awards for their injuries. This decision to focus exclusively on personal injury, negligence, and medical malpractice law allows Mr. Diamond […]

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Why Do Insurance Companies Lowball?

October 4, 2022

If you’ve never dealt with insurance companies, you may be unaware of how they operate. When you’re in an accident and seeking financial recovery, insurance companies commonly make lowball settlement offers to try to close out your claim and save money for themselves. If you receive a settlement offer from the insurance company and don’t […]

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How Do Car Accident Settlements Work?

June 16, 2022

When you think about car accident personal injury cases, you probably think either about making a simple insurance claim or engaging in a dramatic courtroom scene. The reality is that 95 percent of personal injury claims settle out of court. For those who do go to court, 57 percent favor the plaintiff (that is, the […]

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Nursing Home Falls and Hip Fractures

April 19, 2022

As your parent, grandparent, or elderly family member grows older, you must decide certain things as a family. One of the primary decisions involves who will provide long-term care services for them as they age. Maybe you and several other family members have been toying with the idea of a nursing home, but there is […]

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How Can You Tell Who Hit Who in a Car Accident?

April 12, 2022

According to the National Highway Traffic Safety Administration (NHTSA), an estimated 31,720 people died in motor vehicle traffic accidents between January through September of last year. This figure documents a 12 percent increase from the 28,325 fatalities in the first nine months of the previous year. In fact, this is the most car accident deaths […]

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