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I was victim in hit and run accident, what can I do since my insurance will not cover the ambulance charge

Asked over 3 years ago - Astoria, NY

What are my options regarding the following? Can I go to small claims court against the driver for the outstanding bill or is has the statute of limitation expired? Two years ago I was involved in a hit-n-run accident in Queens, NY. I was the pedestrian (don't own a car) crossing when I was hit by a car who later left the scene. The driver showed up at the hospiatl after the hospital and FDNY had acquired my insurance infomation. My insurance didn't cover all the costs related to the ambulance charges. I received a letter regarding the charge from the FDNY a month later. I called and explained to them the situation. They asked me to send a copy of the police report and a letter, which I did. I never heard back from them and there was never any notice of an outstanding bill in my credit report. Last month (August) I received a letter from FDNY stating that I owed the outstanding balance. This month I received another letter from a collection agency requesting the amount owed. I called FDNY and they will not help, they simply transfer me to the collection agency which hasn't provided any assistance. I'm at a loss. All I wanted to do was move forward and it seems like I can't. What can I do?

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Attorney answers (3)

Oscar Michelen

Reputation Level 15

Answered over 3 years ago. Commercial Real Estate Attorney in New York, NY.

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Just to add to the previous answer, you can pay the bill and then sue the offender in small claims court. It is a three year statute of limitation in NY for negligence. The previous writer is correct that the bill should have been paid by the other dirver's insurance, but it is probably too late to just submit it to them now.

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Jeena R. Belil

Reputation Level 13

Answered over 3 years ago. Car / Auto Accident Lawyer in Mount Sinai, NY.

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I am surprised your insurance carrier paid any portion of the ambulance bill. As a pedestrian, your necessary medical coverage, including ambulance service, would normally be covered by the offending vehicle's no fault insurance. I'd be curious why your carrier denied a portion of the ambulance bill..

That being said, you should pay the outstanding amount of the ambulance bill so that it does not negatively affect your credit. As it is two years from the date of the accident, you are within the statute of limitations to bring a small claims action for the amount you paid against the owner/driver of the hit and run vehicle.

Good luck.

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Timothy M. Williams

Reputation Level 6

Answered almost 3 years ago. Criminal Defense Attorney in Mason, MI.

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Your credit is important so make arrangment to pay the bill so as not to harm your credit. I would attempt to submit the bill to the insuracne compnay of the person who hit you. It should be their responsability to pay. I would explain to them that the delay in submitting the claim, was due to the delay in you being notified that you would be responsible for the bill, by FDNY. If that does not work, then yes you can sue the person who hit you in small claims court.

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