Many people believe they have to wait for the police to catch the driver to get compensation, but you actually don't. When it comes to criminal vs. civil hit-and-run in New York, one focuses on public safety and punishing the driver while the other exists to get you compensated for the harm caused by someone else's negligent actions.
You are likely worried about your injuries, your car, and how you will get to work tomorrow. The last thing you want to do is chase a ghost. However, you must understand the difference between the criminal and civil tracks to get the money you need.
If you are dealing with a hit-and-run in Nassau or Suffolk County, call Rosenberg & Gluck, LLP today to speak with a Long Island hit-and-run accident lawyer. We will review your insurance policy and the police report to determine exactly how your medical bills get paid while the police do their job.
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Key Takeaways for Hit-and-Run Cases
- You do not need a criminal conviction to win a civil payout. The burden of proof is lower in civil court, so you can recover damages even if the driver is acquitted or never found.
- Your own insurance typically pays if the driver is never caught. We file a claim against your own Uninsured Motorist coverage, which steps in to pay for your injuries when the at-fault driver is unknown.
- Reporting the accident within 24 hours is mandatory. Insurance policies and state programs like MVAIC have strict deadlines that require an official police report to validate that the crash actually happened.
The Two Tracks: Punishment vs. Compensation
The difference between prosecution vs. personal injury claim comes down to who is involved, what they must prove, and what they receive at the end.
The Goal of the Case
In the criminal track, the District Attorney (for either Nassau or Suffolk County) represents the People of the State of New York. Their client is the public, not you. They seek to punish the offender through jail time, fines, or license revocation. You are a witness to a crime, not a party to the lawsuit.
In the civil track, you are the plaintiff, and you control this lawsuit. The goal here is purely compensation—your medical bills, lost wages, and pain and suffering. We file this claim against the driver's insurance company or, if they cannot be found, your own insurance carrier.
The Burden of Proof
The standard of evidence required to win varies significantly between these two systems.
- Criminal: Beyond a reasonable doubt. This is the highest bar in our legal system. The prosecutor must prove to a jury that there is no other logical explanation than that the defendant committed the crime.
- Civil: Preponderance of the evidence. This standard is much lower. It simply asks: "Is it more likely than not that this happened?" If the evidence tips past 51%, you are entitled to compensation.
The Outcome
A criminal conviction results in penalties paid to the state (fines) or time served (jail/probation). It does not automatically put money in your pocket. A civil verdict or settlement results in a check written to you to cover your damages. Victims receive nothing from the criminal case alone—the compensation you need comes exclusively from the civil track.
The Criminal Side: Hit-and-Run Criminal Charges in NY
Leaving the scene of an accident is a crime under New York VTL § 600, and an important point that many people miss is this: leaving the scene is a crime regardless of who was at fault for the accident itself. Even if the other driver caused the collision, fleeing triggers separate criminal liability.
VTL § 600 Penalties
The severity of the offense depends entirely on what was damaged: property or people.
- Property Damage Only: The court treats this as a traffic infraction. Penalties include fines up to $250, up to 15 days in jail, and points on the driver's license.
- Personal Injury: If someone is hurt, the stakes rise immediately. A basic personal injury hit-and-run is a Class B Misdemeanor (up to three months in jail). If the accident results in serious physical injury, the charge escalates to a Class E Felony carrying up to four years in prison. If the accident results in death, it becomes a Class D Felony with up to seven years. Enhanced penalties also apply if the driver was intoxicated at the time—combining a DWI with leaving the scene dramatically increases the sentencing exposure.
Long Island Prosecution Realities
Nassau and Suffolk County District Attorneys prosecute hit-and-runs aggressively, particularly when injuries are involved. High-traffic corridors like the Hempstead Turnpike see these incidents frequently, and the layout of Long Island roads—wide, multi-lane arterials with high speed limits—creates an environment where drivers feel they can speed away unnoticed. Local prosecutors treat these cases as serious public safety matters.
Your Rights as a Victim in the Criminal Case
You cannot force the DA to file charges. The decision to prosecute belongs to the state, not to you. However, you can advocate with the DA's office, provide evidence, and push for charges to be filed.
If the case goes to sentencing, you have the right to deliver a victim impact statement, which affects the penalty the judge imposes. The court may also order restitution—a payment from the defendant to you for out-of-pocket losses. That said, court-ordered restitution is typically far less than what a civil lawsuit recovers. Restitution covers documented expenses; a civil claim also covers pain, suffering, and future losses.
The Civil Side: Getting Your Medical Bills Paid
While the police pursue hit-and-run criminal charges in NY, your immediate concern is where the compensation will come from. The answer depends on whether the police identify the driver.
Scenario 1: The Driver Is Caught and Convicted
If the police apprehend the suspect and the criminal case results in a conviction, your civil lawsuit after the hit and run becomes dramatically stronger. A criminal conviction, especially a guilty plea, triggers a legal principle called collateral estoppel. This means the defendant cannot relitigate the fact that they left the scene. They already lost that argument in criminal court, so the civil court accepts it as established.
This effectively removes the fault argument. The discussion shifts entirely to how much compensation you are owed. Additionally, the police investigation itself provides a wealth of evidence for your civil case—accident reconstruction reports, witness statements, and forensic analysis that we can use directly. Criminal penalties may also pressure defendants to settle civil claims quickly, particularly if they are facing additional consequences like license suspension or probation conditions.
Scenario 2: The Driver Is Caught but Not Convicted
If the driver is identified but the criminal charges are dropped or result in an acquittal, your civil case still proceeds. The prosecutor may not have had enough evidence to meet the "beyond a reasonable doubt" standard, but we may have plenty of evidence to prove liability by a preponderance of the evidence.
Do not be discouraged if the criminal charges do not stick. The civil system is designed to be more accessible to victims.
Scenario 3: The Driver Is Identified Later
Sometimes a hit-and-run driver is identified weeks, months, or even years after the crash—through surveillance footage, witness tips, or forensic evidence like paint transfer analysis. A civil lawsuit can proceed even if criminal prosecution was declined or the criminal statute of limitations has passed. Your civil three-year statute of limitations runs independently of whatever happens on the criminal side.
Scenario 4: The Driver Is Never Caught
This scenario worries victims most, but you are not out of options. In New York, every auto insurance policy includes mandatory Uninsured Motorist (UM) coverage. If the driver cannot be found, we file a claim against your own insurance company under your UM provision or your Supplemental Uninsured/Underinsured Motorist (SUM) coverage. You are essentially making a claim against your own carrier, who steps into the shoes of the at-fault driver.
One nuance: New York courts typically require proof of physical contact in hit-and-run UM claims—paint transfer, a dent, or other evidence that the other vehicle actually struck yours. Without physical evidence, independent witness testimony becomes essential.
MVAIC (Motor Vehicle Accident Indemnification Corporation)
If you are a pedestrian with no car insurance, or you do not live with anyone who has a policy, New York created the Motor Vehicle Accident Indemnification Corporation (MVAIC) as the safety net of last resort. MVAIC provides coverage for eligible victims who have no other source of insurance. However, it has strict deadlines—you must report the accident to the police within 24 hours (or as soon as reasonably possible). Missing this deadline may result in a total denial of your claim.
Timing: Criminal Cases Move Faster, but You Should Not Wait
Criminal cases typically resolve in months, whereas civil cases could take years. Many victims assume they need to wait for the criminal case to finish before starting their civil claim, but this is not true. The two systems operate independently, and your civil three-year statute of limitations runs regardless of what happens with criminal prosecution.
There is one procedural wrinkle: if the driver is facing felony charges, their defense attorney will likely instruct them to invoke their Fifth Amendment right to remain silent. They cannot testify in a civil deposition while criminal charges are pending, so the judge may pause the civil lawsuit until the criminal trial concludes. While this delays the discovery phase, it does not prevent you from filing the lawsuit, preserving evidence, and building your case.
The critical takeaway is that you should not wait for an arrest or a conviction to begin pursuing civil compensation. Every day you delay is a day that surveillance footage gets overwritten, witnesses forget details, and evidence degrades.
FAQs for Hit-and-Run Cases
Can I sue even if police don't catch the hit-and-run driver?
Yes. If the driver is never identified, you file a claim against your own Uninsured Motorist coverage. If you do not have auto insurance, MVAIC may provide coverage. The police investigation and the civil claim are separate processes—closure of the criminal case does not affect your right to civil compensation.
What's the difference between criminal and civil hit-and-run cases?
Criminal cases are prosecuted by the Nassau or Suffolk County DA seeking punishment—fines, jail time, and license suspension. You are a witness, not a party. Civil cases are filed by you seeking compensation for medical bills, lost wages, and pain and suffering. The burden of proof is lower (preponderance vs. beyond a reasonable doubt), and you control the case. Only the civil track puts money in your pocket.
Do I need the criminal case to win my lawsuit?
No. A criminal conviction helps your civil case significantly through collateral estoppel, but it is not required. You can win a civil lawsuit even if the driver was never charged, the charges were dropped, or the driver was acquitted. The civil standard of proof is much lower than the criminal standard, so evidence that falls short of "beyond a reasonable doubt" may still be more than enough to establish civil liability.
Will my insurance rates go up if I file a UM claim?
Generally, New York insurance laws prevent surcharges for accidents where you were not at fault. Filing a claim for an accident you did not cause typically should not penalize you, though every policy and carrier varies.
How long do I have to file a lawsuit?
For a standard negligence case, the deadline is generally three years from the date of the accident. Claims involving MVAIC or government entities have much shorter notice deadlines—sometimes as short as 90 days or even 24 hours for police reporting. Criminal prosecution timelines do not affect your civil filing deadline.
We Help You Locate Coverage, Even When the Driver Hides
You do not need to wait for an arrest to start your recovery. The civil system is designed to help you now, regardless of the speed of the criminal investigation.
If you or a loved one was injured in a hit-and-run on Long Island, call Rosenberg & Gluck, LLP today. We will handle the investigation and the insurance filings so you can focus on healing.