Most people assume a hit and run ends the same way: the driver vanishes, the victim pays for everything, and nobody is held accountable. That assumption is wrong, and insurance companies count on injured people believing it.
A Hackensack hit and run accident lawyer at Maggiano DiGirolamo & Lizzi pursues two parallel tracks from the first day of your case. We work to identify the driver who fled while simultaneously building the strongest possible uninsured motorist claim through your own policy coverage. You have more options than you think. Call 201-585-9111 for a free case review.
Why Hit and Run Cases Are Harder Than They Look
When a driver leaves the scene, the immediate problem is obvious: there is no one to file a claim against. But the deeper problem is what happens next. Insurance companies treat hit-and-run claims differently from standard auto claims, and not in your favor.
Your own insurer handles the uninsured motorist claim. That means the company you pay premiums to will deploy an adjuster whose job is to minimize what they pay out. They scrutinize whether the crash really happened the way you described it, whether your injuries are as serious as you claim, and whether you have the documentation to support a payout.
That relationship feels cooperative, but your insurer’s financial interests are not aligned with yours.
Specifically, New Jersey’s Insurance Fair Conduct Act allows injured motorists to sue their own insurer for unreasonably denying or delaying UM and UIM claim payments. That legal pressure matters. But exercising it requires an attorney who knows the statute and how to use it. Most injured people do not learn that the law exists until long after the deadline to act has passed.
Do not let your own insurer set the terms of this claim. Call 201-585-9111 now.
Wonderful company and attorneys who I would recommend to anybody in need. Trust the reviews you read and testimonials on their website – these guys are great!!
I cannot thank Mr. Michael Maggiano and his staff enough for their handling of my case. My incident happened before the pandemic, but that did not hinder the performance of Michael, his Paralegal, Ms. Linda Reid, and his support staff. Ms. Reid remained in constant communication with me around the clock and she did her due diligence with gathering all evidence for my case. She left no stone unturned by recording every detail of the incident and my medical history. Every detail is important no matter how minuscule it may seem. Linda has the capacity to make you feel comfortable in one of the most uncomfortable moments of your life. Her explanation and assistance with the court proceedings put me at ease. Michael Maggiano and his Paralegal, Linda Reid will fight to win your case and get their clients what they are owed. Highly recommended!
Nothing but praise for Maggiano, DiGirolamo, and Lizzi. I have never seen such a fantastic display of teamwork at all levels of the firm. (As an aisde, everyone one who works at the firm was extremely courteous and kind – character traits that one would not typically associate with a law firm. )
Furthermore, the legal results brought about by Mr. Maggiano’s tireless litigation efforts on our behalf were very fair and just. If you ever find yourself in a car accident, be sure to consult Maggiano, DiGirolamo, and Lizzi.
Why Evidence Disappears So Fast After a Hackensack Hit and Run
Physical evidence disappears even faster: paint transfer, broken plastic, tire impressions, and fluid drops. Weather and routine road maintenance clear a crash scene within days. In residential areas, there may be no camera coverage at all, and the physical record is the only record.
This is why we begin the investigation the same day we are retained. Preservation letters go out to businesses and public agencies immediately. Witness canvassing happens within hours. Evidence that exists today may not exist tomorrow, and missing it permanently narrows what your claim can recover.
How a Hackensack Hit and Run Accident Lawyer Finds the Driver
Identifying a fleeing driver is not impossible. It requires speed, resources, and knowledge of what evidence exists and where to find it. Our attorneys start this investigation immediately, because the window to act is narrow.
Traffic and commercial camera review. Bergen County operates traffic signal cameras throughout Hackensack’s downtown grid. Private businesses, ATMs, parking structures, and residences add to that coverage. We identify every camera with a sightline to the crash area, send preservation letters the same day, and obtain footage before automatic deletion cycles run.
Witness canvassing. Officers at the scene rarely have time to collect contact information from every bystander. We return to the location within hours of being retained, knock on doors, visit nearby businesses, and identify anyone who saw the vehicle, its direction of travel, or even a partial plate.
Physical evidence analysis. Every crash leaves debris: paint transfer, broken plastic, tire impressions, and fluid drops. This evidence often disappears within days due to weather and road maintenance. We document and preserve it, and can work with accident reconstruction professionals to identify vehicle make, model, and color from transfer evidence.
Law enforcement coordination. We communicate directly with the Hackensack Police Department and Bergen County investigators to track any developing leads. We provide them with our evidence, and they provide us with updates that inform the civil case in parallel.
When the driver is never found, none of this effort is wasted. Every document, photo, and witness statement we collect strengthens your uninsured motorist claim, because your own insurer will demand proof that the crash occurred exactly as you describe it.
How New Jersey Law Handles Hit and Run Claims
New Jersey law classifies a hit and run vehicle as an uninsured motor vehicle under N.J.S.A. 39:6-78. That classification is the key that unlocks your own insurance policy’s uninsured motorist coverage, even though the at-fault driver never surfaces.
Standard New Jersey auto policies include UM coverage by law. If you carry a standard policy, that coverage activates for hit and run collisions. The amount available depends on the limits you selected when you purchased your policy.
For victims without UM coverage available through their own or a household policy, New Jersey law requires a Notice of Intention to Make a Claim with the Unsatisfied Claim and Judgment Fund within 180 days of the crash under N.J.S.A. 39:6-65. Missing that deadline eliminates the UCJF as a recovery option entirely.
This deadline runs whether or not you have retained an attorney, and whether or not you are still receiving medical treatment.
A secondary issue involves your policy’s cooperation clause, the contract requirement that you report the crash promptly, cooperate with the investigation, and avoid any action that could interfere with your insurer’s ability to recover money from another party if one is later identified.
Violating these provisions, even unknowingly, gives the insurer grounds to reduce or deny the claim entirely. Our attorneys walk you through every requirement from the first call so your own conduct does not become a problem in your case.
When the Driver Is Found After Your Claim Has Started
Hit and run drivers are identified after the fact more often than most people expect. A witness comes forward, a traffic camera surfaces, or a repair shop reports damage consistent with the crash. When that happens, your claim strategy shifts but the work already done is not wasted.
If the identified driver carries liability insurance, we transition directly to pursuing their policy. If they surface without coverage, the UM claim proceeds as originally built. In either scenario, the evidence preserved early, the medical record established from day one, and the witness statements collected in the first hours all carry forward and strengthen the new claim path.
What Damages Can You Pursue After a Hit and Run?
Recovery in a hit and run claim follows the same categories as any personal injury case, but the source of the money shifts. Instead of drawing from the at-fault driver’s liability policy, you draw from your own UM coverage and, if applicable, additional sources our investigation identifies.
Medical expenses. All costs directly tied to your injury are recoverable: emergency care, hospitalization, imaging, surgery, rehabilitation, and future treatment a physician projects as necessary. We document every cost and work with your medical providers to ensure nothing gets omitted from the claim file.
Lost wages. If the injury kept you out of work, those lost earnings are recoverable. Where the injury creates long-term or permanent work limitations, we engage vocational and economic professionals to project and document that future loss.
Pain and suffering. New Jersey permits recovery for physical pain, emotional distress, loss of enjoyment, and the way the accident altered your relationships and daily life. UM claims allow for these non-economic damages the same way a standard liability claim does.
Property damage. Vehicle repair costs are handled separately but in parallel. Note that standard UM coverage in New Jersey applies to bodily injury. Property damage recovery for hit-and-run collisions follows a different path through your collision coverage.
One detail that matters significantly: if additional responsible parties exist, such as a property owner whose negligent lighting or inadequate road maintenance contributed to the crash, we investigate that liability independently of the UM claim.
What to Do in the Immediate Aftermath
The actions you take in the first hours after a hit and run shape everything that follows. Specifically, these steps protect your health and your claim simultaneously.
Stay at the scene and call 911. A police report is not optional in a hit-and-run claim. Your insurer will require it, and without it, the claim faces serious credibility challenges from the start.
Document everything before it changes. Photograph the damage to your vehicle, any debris on the road, skid marks, and the surrounding area, including nearby businesses and cameras. If you can get a partial plate, a vehicle description, or any identifying detail, write it down immediately before the shock of the crash erodes your memory.
Seek medical attention the same day, even if the pain feels minor. Adrenaline masks injury. Concussions, spinal injuries, and soft tissue damage frequently produce delayed symptoms that worsen over the 48 to 72 hours following a crash. A same-day medical record directly connecting your injuries to the crash is one of the most important documents in your entire claim file.
Do not give a recorded statement to your own insurer before speaking with a Hackensack hit and run accident attorney. UM claims run through your own policy, not the other driver’s, but that does not mean your insurer is on your side. They are protecting their financial exposure.
Verdicts and Settlements
$600,000 - Defective Ladder
In 2003, a truck driver lost his footing climbing from a truck ladder which was defectively designed, resulting in multiple injuries precluding him from working as a trucker and suffering life time wage impairment.
$600,000 - Imprecise Injection
A man suffered severe aggravation of Tourette’s syndrome and nerve damage when a nurse negligently injected demerol into his radial nerve rather than his deltoid muscle following surgery.
$742,000 - Bicycle & Motor Vehicle Crash
Bicyclist hit and thrown by driver failing to yield right of way. He suffered injuries to his low back, right hip and, ultimately, a left toe injury requiring a fusion of the big toe joint. He also had not complained about his foot until nearly a year after the accident. Resulted in a verdict after trial of $700,000 plus pre-judgment interest of in excess of $42K. Policy…
Hackensack Hit and Run Accident Questions Answered by Our New Jersey Attorneys
What if no witnesses saw the driver flee?
Witness testimony is one source of evidence, but not the only one. Camera footage, physical crash evidence, and accident reconstruction can establish that another vehicle caused the collision even without a direct human witness. We have handled cases where no one observed the crash directly, but the physical and digital evidence was conclusive enough to support full recovery.
Does my health insurance pay if my auto UM claim is denied?
Health insurance may cover some medical costs, but the two coverages address different things. Health insurance does not compensate for lost income, pain and suffering, or long-term disability. Pursuing the UM claim separately remains important regardless of what health insurance pays toward immediate treatment costs.
Can I still file a UM claim if I do not own a car?
Yes. New Jersey allows injured pedestrians and cyclists struck by hit-and-run vehicles to pursue UM claims through a resident relative’s policy, the policy of the vehicle they occupied if applicable, or through the New Jersey Unsatisfied Claim and Judgment Fund. The path depends on your specific circumstances, which we evaluate during the free consultation.
What if the hit and run driver is identified after I have already started a UM claim?
The claim strategy shifts, but the work done building your UM claim is not wasted. If the driver surfaces with insurance, we transition to pursuing their liability policy directly. If they surface without insurance, the UM claim proceeds as originally built. Our attorneys handle that transition without disruption to your case.
How long does a hit and run UM claim take to resolve?
Straightforward cases with clear injuries and strong documentation can resolve in several months. Cases involving serious injuries, disputed liability, or insurer resistance to paying fair value typically take longer. The 180-day UCJF filing deadline and the two-year personal injury statute of limitations both apply, so early legal engagement protects every available option. Confirm this deadline with an attorney immediately as it applies to your specific situation.
Your Recovery Starts With One Phone Call
Maggiano DiGirolamo & Lizzi handles hit and run cases throughout Bergen County from our Hackensack office at 21 Main Street, Suite 203, one block from Bergen County Superior Court. Our attorneys know this jurisdiction, know the local insurance landscape, and know how to build the evidence trail that turns a case with no identified defendant into a compensable claim.
The consultation costs nothing. Our contingency structure means no fees unless we recover for you. What changes when you call is that the clock on preserving your evidence and meeting your filing deadlines starts working for you instead of against you. The 180-day UCJF deadline in particular waits for no one, and missing it permanently closes one avenue of recovery.
Call a Hackensack hit and run accident attorney at Maggiano DiGirolamo & Lizzi today. We answer at 201-585-9111.
