Short summary: A 47-year-old man who had stepped out of his SUV on the shoulder of the Taconic State Parkway was hit by a passing car, and the driver left. Police tracked the damaged car down a few exits later and charged a 29-year-old. Being hit while standing outside your car is a common way people get hurt on highways. The claim generally still starts with no-fault, and it can grow from there.
What happened
Around 2:30 p.m. on Friday, October 16, New York State Police in Hawthorne spotted a Ford Escape parked on the shoulder of the Taconic near Exit 16 in Yorktown, with a man lying on the ground nearby, as reported by Patch.
Investigators said the 47-year-old had gotten out of his vehicle when a northbound 2026 Mazda hit him and kept going. Yorktown police later found a car matching the description near Exit 19, with significant damage. The driver, a 29-year-old Brooklyn man, was charged with leaving the scene of an incident with personal injury, a felony. He was released on an appearance ticket due back in Yorktown Town Court on November 12.
The man was taken to Westchester Medical Center with serious injuries.
Outside the car, you are a pedestrian in the eyes of no-fault
Many people assume no-fault only covers you while you sit in a car. It is broader than that. A person hit by a car while standing on a shoulder is generally treated like a pedestrian for no-fault purposes. If that person owns a car or lives with a relative who has an auto policy, that household policy is generally the first place to file. If not, the striking car's policy generally steps in.
No-fault generally covers medical bills and a share of lost wages, up to the policy limits. The application is generally due within 30 days.
A driver who is caught still has a policy to answer to
Leaving the scene is a crime on its own. But once police identify the driver and the car, the injured person's claim for pain and suffering generally runs against that driver's liability insurance, like any other crash. The hit-and-run part changes the criminal case. It generally does not shrink the civil one.
For pain and suffering in New York, an injury generally has to meet the serious injury threshold. Our plain English guide to the threshold explains what counts.
If you ever have to stop on a highway shoulder
- Stay inside with your seat belt on if you can, and call 911.
- If you must get out, exit on the side away from traffic and move behind the guardrail.
- Turn on hazards and, at night, keep the interior light off so you are not a silhouette.
- If you are hit, the steps in what to do after a car accident in New York still apply.
Questions New Yorkers ask us
Does no-fault cover me if I was hit while standing next to my car?
Generally yes. A person struck outside a vehicle is generally treated like a pedestrian, and no-fault benefits are generally available through their own household policy or the striking car's policy.
The driver was charged. Do I have to wait for the criminal case?
Generally no. The civil claim and the criminal case are separate. Deadlines for no-fault and for a lawsuit keep running either way.
Not sure where you stand after a crash? Get your free case review or call (888) 208-0529. A real person answers, 24/7.
Reporting: Patch.
