What To Do After A Hit And Run Accident In New York City
Few things feel as frustrating and hopeless as being hit by a driver who speeds away. You’re hurt, your car is damaged, and the person responsible has vanished. A lot of people in this situation assume they’re simply out of luck – that without the at-fault driver’s information, there’s nothing to be done.
That’s not true. New York has two separate mechanisms designed specifically to compensate hit-and-run victims. You have real options. But those options have tight deadlines, and some of them close within hours. Let me walk you through exactly what to do.
What To Do Immediately After a Hit and Run
1. Call 911 – This Is Essential
I can’t stress this enough: a police report is the foundation of both compensation routes available to hit-and-run victims. Without a police report, your ability to file an uninsured motorist claim or a MVAIC claim is severely compromised.
When the officer arrives:
– Tell them everything you remember about the vehicle – color, make, model, any partial plate numbers, the direction it fled
– Describe the driver if you saw them
– Get the officer’s name, badge number, and the report number
2. Document Everything at the Scene
While you wait for police:
– Photograph the damage to your vehicle
– Photograph the area: skid marks, road conditions, traffic signals, any debris from the fleeing vehicle
– Look around for possible camera sources: ATMs, storefronts, Ring doorbells, traffic cameras, MTA cameras – any camera that might have captured the fleeing vehicle
– Note the time, weather, and lighting conditions
3. Canvass for Camera Footage
This is time-sensitive. Most security cameras overwrite footage within 24 to 72 hours. If you see a business near the accident scene, ask if they have exterior cameras and request preservation of the footage from that time period. An attorney can follow up with formal preservation letters, but the earlier this happens, the better.
Think about what was nearby: convenience stores, pharmacies (CVS and Duane Reade have cameras), parking garages, restaurants, churches, schools. NYPD can sometimes pull traffic camera footage as part of an investigation, but they’re more likely to do so for serious injury cases where they’re actively investigating.
4. Notify Your Own Insurance Company Within 24 Hours
Your auto insurance policy requires prompt reporting. Call and report the accident as a hit and run. This starts the process for a potential uninsured motorist claim. Don’t give a detailed recorded statement yet – just report the accident. Tell them you were involved in a hit and run, you’ve called police, and you’ll be in touch with further details.
5. Seek Medical Attention the Same Day
Even if you feel okay. Adrenaline masks injuries, and the documentation of your injuries beginning promptly after the accident is essential for any claim.
6. Contact an Attorney Before Your Recorded Statement
Before you give any detailed statement to your own insurance company, talk to an attorney. You have a duty to cooperate with your own insurer, but you have rights too – including the right to make sure your statement is accurate, complete, and made when you’re actually prepared to give one.
Your Two Routes to Compensation
Route 1: Your Own Uninsured Motorist (UM) / SUM Coverage
If you have your own auto insurance policy with uninsured motorist or Supplementary Uninsured/Underinsured Motorist (SUM) coverage, you can file a claim with your own insurer. This coverage exists precisely for situations like this – where the responsible driver is unidentified or uninsured.
New York state law requires insurers to offer at least $25,000/$50,000 in uninsured motorist coverage. If you purchased higher SUM limits – $100,000, $250,000, $500,000 – then that’s the ceiling of your potential recovery through your own policy.
In a hit and run, your insurance company essentially steps into the shoes of the at-fault driver. You present your injury claim to them, and if there’s a dispute about the value, it typically goes to arbitration (not court). Your own insurer will still contest your claim and try to minimize it – remember, they’re not fully on your side even though it’s your policy.
Important: New York law generally requires that in a hit-and-run claim, there was some physical contact between your vehicle and the fleeing vehicle, or there’s corroboration (a witness) that the accident occurred the way you describe. This requirement exists to prevent fraudulent claims.
Route 2: MVAIC – The State’s Hit and Run Safety Net
The Motor Vehicle Accident Indemnification Corporation (MVAIC) is a New York State fund that compensates accident victims who have no other recourse – typically hit-and-run victims and those injured by uninsured drivers.
Who qualifies for MVAIC?
– New York residents injured in New York by a hit-and-run or uninsured driver
– Non-residents injured in New York in/by a New York-registered vehicle
– You must not have UM coverage available to you through any vehicle in your household
– Pedestrians and cyclists hit by unidentified vehicles also qualify
What does MVAIC cover?
– Bodily injury and death – up to $25,000 per person / $50,000 per accident
– MVAIC does not cover property damage to your vehicle
MVAIC deadlines – these are strict:
– Police report must be filed within 24 hours of the accident (or as soon as physically possible)
– MVAIC application must be filed within 90 days of the accident
The MVAIC coverage limits ($25K/$50K) are much lower than what you might recover in a full lawsuit, which is why having your own UM/SUM coverage is so valuable. But for people without UM coverage, MVAIC may be the only option.
When the Hit-and-Run Driver Is Eventually Found
Sometimes police investigations, witness tips, or camera footage lead to identification of the hit-and-run driver days, weeks, or even months after the accident. If the driver is found:
- Your uninsured motorist claim converts to a standard claim against the driver’s liability insurance
- MVAIC claims can be terminated in favor of a direct claim
- The statute of limitations for a personal injury lawsuit (3 years from the accident date) still applies
If you’re working with an attorney, they’ll monitor developments and adjust strategy accordingly. The identification of the responsible driver opens up significantly more options.
Why UM/SUM Coverage Is So Important
If there’s one practical takeaway from this post, it’s this: make sure your auto insurance policy includes substantial SUM coverage.
New York minimum liability is $25,000 per person. If you’re seriously injured in a hit and run or by an underinsured driver, that may be all you have access to – and it may not come close to covering your actual losses. I strongly recommend asking your insurer about SUM coverage of $250,000/$500,000 or higher. The premium difference is often modest. The protection difference can be enormous.
Frequently Asked Questions
What if I was a pedestrian hit by a car that fled the scene?
Pedestrians hit by unidentified vehicles in New York can file MVAIC claims even without their own auto insurance. The same requirements apply: police report as quickly as possible, MVAIC application within 90 days. As a pedestrian, you’re also entitled to no-fault PIP benefits from the MVAIC fund. If you have an auto policy with UM coverage at home, that may be available to you as well.
Does it matter that I only have a partial plate number?
Any information helps. Give the police everything you remember – partial plate, direction of travel, vehicle description, driver description. Even partial information can help an investigation. For MVAIC purposes, what matters is that you genuinely reported a hit-and-run accident; having a full plate number is not required.
Can I sue my own insurance company if they don’t pay fairly on the UM claim?
In New York, disputes over uninsured motorist claims go through arbitration under the terms of your insurance policy rather than through a standard lawsuit. An attorney handles this process, presenting your evidence and arguing for fair compensation before an arbitrator. Insurance companies routinely contest UM claims – having an attorney significantly changes the dynamic.
What if the other driver fled but I know who they are?
If you know the identity of the other driver and can prove it (perhaps through witnesses, camera footage, or because someone at the scene knew them), you can pursue a standard personal injury claim against their insurance. You’d also file a police report – leaving the scene of an accident is a crime in New York. Contact an attorney immediately to preserve evidence and protect your claim.
My car was totaled in a hit and run. Does MVAIC cover that?
No. MVAIC covers bodily injury only, not property damage. For vehicle damage in a hit-and-run, you’d need to file a collision claim under your own auto insurance (if you have collision coverage) and pay your deductible. Some SUM policies also have provisions for property damage from uninsured drivers – review your policy or ask your attorney.
Questions about your situation? Call Jason Linden at (212) 804-8440 for a free consultation. No fee unless we win.
