Hit and Run Accident Lawyer in New York City – You Have Options Even When the Driver Fled

A driver hits you and drives away. Maybe it happened so fast you didn’t get a plate number. Maybe you were too injured to chase them. Maybe by the time the police arrived, the car was gone without a trace. And now you’re injured, your vehicle is damaged, and you’re wondering: if they never find that driver, is this just my problem to deal with?

It is not. New York law provides real avenues to compensation even when the at-fault driver is never identified. But those avenues have strict deadlines and specific procedural requirements – and if you miss them, they close.

Jason Linden has helped hit-and-run victims across New York City access the compensation they are owed. The consultation is free and you pay nothing unless we win. Call (212) 804-8440) now.

Hit and Run Is Both a Crime and a Civil Matter

Under New York Vehicle and Traffic Law § 600, leaving the scene of an accident without stopping to exchange information is a crime. If someone is injured, it’s a felony. The police take these cases seriously, and NYPD investigations often result in arrests – sometimes weeks after the incident when plate information surfaces or surveillance footage is identified.

But criminal prosecution doesn’t pay your medical bills. The civil side of the case – your personal injury claim – operates on a completely separate track. Even if the police never find the driver, you may still have a viable civil claim.

Path #1: Your Own Uninsured Motorist Coverage

If you have your own auto insurance policy, it almost certainly includes Uninsured Motorist (UM) coverage. In New York, UM coverage is mandatory – every policy must include it unless you specifically declined it in writing.

Uninsured motorist coverage applies to hit-and-run accidents. Under New York law, a hit-and-run driver – one whose identity is never established – is treated as an uninsured motorist. This means your own insurance policy is obligated to compensate you for your injuries and damages, up to your UM coverage limit.

Here is what you need to know about making a UM claim after a hit and run:

You must report the accident to police within 24 hours. This is a mandatory precondition to any UM hit-and-run claim. If you do not file a police report promptly, your insurance company may deny the claim.
You must notify your insurance company as soon as practicable. This means right away – not weeks later.
The claim is resolved through arbitration, not a lawsuit in court. New York UM disputes go through binding arbitration under the terms of your policy.
Your own insurance company will fight you. This is the part that surprises most people. Even though you’ve been paying premiums to this company for years, when you make a UM claim, they become the adverse party. They have a financial interest in paying you as little as possible. You need a lawyer to represent you in the arbitration.

Path #2: MVAIC – The New York Fund for Uninsured Victims

If you do not have your own auto insurance policy, you may still have a path to compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC).

MVAIC is a New York State fund established to compensate accident victims who have no other source of recovery because the at-fault vehicle was uninsured or the at-fault driver was never identified. It acts as the insurer of last resort.

Who qualifies for MVAIC?

You were injured in a motor vehicle accident in New York
The accident involved an uninsured vehicle OR a hit-and-run where the driver was not identified
You do not have your own UM coverage available to you
You are a “qualified person” under the MVAIC statute – generally meaning you are a New York resident, or the accident occurred in New York

MVAIC coverage limits. MVAIC provides up to $25,000 per person / $50,000 per accident for bodily injury. This is lower than many private insurance policies, but it is real money and may be your only avenue.

Critical deadlines for MVAIC.

Notice of intention to make a claim must be filed within 90 days of the accident in hit-and-run cases. This deadline is hard. Missing it can bar your claim entirely.
If you are filing because the other driver was uninsured (but identified), the timeline is different – call us to confirm the applicable deadline for your situation.
MVAIC will investigate your claim, and you may need to cooperate with their process, including an examination under oath.

Do not try to navigate MVAIC on your own. The application process is technical, the deadlines are strict, and the fund’s adjusters are not working in your interest.

Preserving Evidence After a Hit and Run

The hours and days after a hit-and-run accident are critical for building your case. Here is what you and your attorney need to do:

Report to police immediately. Call 911 from the scene. If the other vehicle is gone, give the dispatcher every detail you remember – vehicle color, make, model, partial plate, direction of travel. Even fragments of information help investigators.

NYC camera network. New York City has an extensive network of traffic cameras, building security cameras, and business surveillance cameras. A camera that captured the fleeing vehicle may be the key to identifying the driver. Footage can be overwritten within days. We submit preservation requests immediately.

Dashcam and witness data. Did any other drivers at the scene have dashcams? Were there witnesses who got a better look at the vehicle? We track down witnesses while the incident is fresh.

Waze and GPS data. In some cases, other drivers near the scene may have been using navigation apps that logged their position and could corroborate timelines or traffic conditions.

Document your injuries. Photograph every visible injury the day of the accident and every day thereafter as bruising and swelling develop. Go to the ER immediately – your medical records from the day of the accident are essential.

Frequently Asked Questions

What happens if the hit and run driver is never found?

You still have options. If you have uninsured motorist coverage on your own auto policy, that coverage applies to unidentified hit-and-run drivers. If you don’t have your own coverage, MVAIC provides a fund of last resort for qualifying victims. Neither path is simple, but both are real. Call us immediately – deadlines apply.

What is MVAIC and am I eligible?

MVAIC is the Motor Vehicle Accident Indemnification Corporation, a New York State fund that compensates accident victims who have no other source of recovery because the other driver was uninsured or unidentified. To qualify, you generally must be a New York resident, not have your own UM coverage available, and have been injured in a New York accident. You must file a notice of claim with MVAIC within 90 days of the accident in hit-and-run cases.

What if I don’t have uninsured motorist coverage?

If you do not have your own auto insurance policy with UM coverage, MVAIC may be your primary avenue. If you have auto insurance but declined UM coverage in writing, the analysis changes – call us to review your specific policy. In some circumstances, you may be covered under another household member’s policy.

How long do I have to file a claim after a hit and run?

For a UM claim through your own insurance, you must report the accident to police within 24 hours and notify your insurer promptly. For MVAIC, the notice of intention must be filed within 90 days of the accident for hit-and-run cases. These are among the shortest deadlines in New York personal injury law. Do not wait.

Can I get compensation for pain and suffering in a hit and run case?

Yes. Both UM claims and MVAIC claims allow recovery for pain and suffering, in addition to medical expenses and lost wages. The serious injury threshold of New York Insurance Law § 5102(d) applies to UM arbitration claims the same way it applies to regular lawsuits. If your injuries meet the threshold, you are entitled to compensation for the full impact the accident has had on your life.

Don’t Give Up Because the Driver Fled

Hit-and-run victims often feel abandoned twice – once by the driver who left them, and once when they assume the system won’t help them. The system does help. But you have to act quickly.

Call Linden Law at (212) 804-8440) for a free consultation. We will review your insurance coverage, identify all available paths to compensation, and handle every step of the process for you. You pay nothing unless we win.

Visit our free consultation page, or learn more about uninsured motorist coverage on our Uninsured Driver Accident Attorney page. For a full overview of car accident law in New York, see our NYC Car Accident Lawyer hub.

Linden Law | 250 West 57th Street, Suite 432, New York, NY 10017 | (212) 804-8440 | linden.law