What do I do after a hit and run accident?

What do I do after a hit and run accident?

A hit and run is one of the most frightening and aggravating experiences a person can endure on the road. It is a moment of violent impact followed by a shocking betrayal of legal and moral duty as the at-fault driver flees the scene, leaving you injured, confused, and worried about who will pay for the damages and your medical care.

In New York, fleeing the scene of an accident is a serious criminal offense under Vehicle and Traffic Law. When injuries are involved, it can be a misdemeanor or even a Class E felony.

If you have been the victim of a hit and run on Long Island or anywhere in New York, you are not alone, and your situation is not hopeless. At Rosenberg & Gluck, LLP, we are skilled in cutting through the uncertainty of these complex cases. 

We provide an essential roadmap for immediate action and outline the crucial insurance and legal mechanisms New York provides to ensure you receive compensation, even if the driver is never found.

Part I: Immediate Steps at the Scene

The first hour after a hit and run is the most critical time for preserving evidence that can make or break your claim.

1. Seek Medical Attention

Even if you feel fine, seek medical attention immediately. Adrenaline can mask pain from whiplash, concussions, and internal injuries. Medical documentation is vital for proving your injuries were caused by the hit and run.

2. Prioritize Safety and Call 911 Immediately

Your health and safety come first.

• Move to Safety: If possible, move your vehicle to the side of the road or a safe location. Turn on your hazard lights.
• Check for Injuries: Assess yourself and any passengers. If anyone is injured or if you are disoriented, call 911 for medical assistance immediately.
• A Hit and Run is a Crime: Report the incident to the police immediately as it is a crime under Vehicle and Traffic Law § 600. You need an official police report to trigger certain insurance coverage mechanisms in New York (specifically, MVAIC coverage). Tell the responding officers it was a hit and run.

3. Document the Fleeing Vehicle (Every Detail Matters)

Since the driver failed to provide information, every detail you can recall is evidence. Do not trust your memory. You should write down details or record a voice note immediately.

4. Seek and Secure Witness Information

Witnesses are often the only way to fill the legal gap left by the missing driver.

• Ask for Contacts: Politely ask anyone who stopped if they saw the incident. Get their full name, phone number, and email address. Their testimony can corroborate your account and may provide the detail needed to identify the car.

5. Photograph the Scene

If you are physically able to do so safely:

• Damage: Take clear photos of the damage to your vehicle, the accident scene, any skid marks, and the surrounding street signs or traffic lights.
• Surveillance: Look for nearby businesses, gas stations, or homes that may have security cameras or doorbell cameras. Note their location and immediately tell the police about them. Your attorney will need to move quickly to secure this footage before it is recorded over.

Part II: The Critical Filing Deadlines in New York

The financial recovery for a hit and run victim in New York depends entirely on hitting specific, non-negotiable legal and insurance deadlines. Missing these deadlines can lead to the denial of your claim.

Deadline 1: Police Report

• Requirement: While a driver is legally required to file an MV-104 form with the DMV within 10 days if property damage exceeds $1,000 or if there are injuries, in a hit-and-run, the need for a formal police report is even more urgent.
• Action: You must report the hit and run to law enforcement (Police or Sheriff) within 24 hours to preserve your rights to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC), if necessary.

Deadline 2: Insurance Notice

• Requirement (PIP): You must notify your own insurance company of the accident as soon as possible, but New York law gives you 30 days to formally file a claim for No-Fault Personal Injury Protection (PIP) benefits.
• Requirement (UM/MVAIC): To claim Uninsured Motorist (UM) benefits or file with MVAIC, many insurance policies and MVAIC require you to notify them of the crash and your intent to file a claim within 90 days.

Deadline 3: Statute of Limitations

• Requirement: Generally, you have three years from the date of the accident to file a personal injury lawsuit in New York. While you don't know who to sue in a hit and run, this deadline is still crucial if the driver is later identified.

This minefield of deadlines is why contacting a qualified attorney immediately is the most important action you can take, after your own healthcare.

Part III: Securing Compensation When the Driver is Unknown

The absence of the at-fault driver does not mean the absence of financial recovery. New York law provides specific safety nets for hit and run victims.

1. No-Fault Personal Injury Protection (PIP)

• What it Covers: As a No-Fault state, your own insurance policy’s PIP coverage is the first line of defense. It covers the first $50,000 of your necessary medical expenses, lost wages (up to $2,000 per month), and other necessary expenses, regardless of who was at fault.
• Who Pays: If you were a driver or passenger in your own car, your PIP covers you. If you were a pedestrian or bicyclist, the PIP coverage will typically come from the vehicle that struck you (if identified) or, more commonly in a hit-and-run, your own auto policy (if you have one).

Compensation Source	Who It Applies To	What It Covers	Key Requirements & Limits
No-Fault PIP Insurance	Drivers, passengers, pedestrians, and bicyclists (depending on coverage availability)	Medical expenses, lost wages, and necessary expenses up to $50,000	Claim must be filed within 30 days of the accident. Covers economic losses only.
Uninsured Motorist (UM) Coverage	Injured drivers or passengers with auto insurance	Pain and suffering and damages beyond PIP limits	Requires meeting New York’s Serious Injury Threshold. Minimum limits: $25,000/$50,000.
Supplemental UM (SUM)	Policyholders who purchased additional coverage	Higher compensation limits for serious injuries	Coverage limits vary based on policy; often matches liability limits.
MVAIC (State Safety Net)	Pedestrians or victims with no access to auto insurance	Medical bills, lost wages, and limited damages	Must report accident within 24 hours and file claim within 90 days. Coverage capped at statutory minimums.

2. Uninsured Motorist (UM) Coverage

If your injuries exceed your $50,000 PIP limit, you need a different source of recovery. This is where your UM coverage is vital.

• New York Requirement: New York requires all auto policies to carry a minimum of $25,000 per person and $50,000 per accident in UM bodily injury coverage.
• Hit and Run: UM coverage kicks in when the at-fault driver is either uninsured or when the at-fault driver is unknown. You file a claim against your own insurance company, and they step into the shoes of the absent driver.
• Serious Injury: Due to New York law, you must meet the Serious Injury Threshold (e.g., fracture, permanent limitation) to pursue non-economic damages (pain and suffering) under your UM policy.
• Underinsured Motorist (UIM/SUM): If you wisely purchased Supplemental Uninsured/Underinsured Motorist (SUM) coverage, your recovery limits can be much higher, sometimes matching your liability limits.

3. The Motor Vehicle Accident Indemnification Corporation (MVAIC)

The MVAIC is New York’s last resort for victims. It is a state-chartered corporation that compensates victims of accidents caused by uninsured drivers or hit-and-run drivers who do not have access to any other coverage.

• Who Qualifies: MVAIC is for victims who are injured but do not have their own auto insurance or are covered by another policy. This often applies to pedestrians or passengers who lack their own car insurance.
• MVAIC Requirements: To qualify, you must:
  • Be a resident of New York State.
  • Not be covered by any other auto insurance policy.
  • Report the accident to the police within 24 hours.
  • File a formal claim with MVAIC within 90 days of the accident.
• Limits: MVAIC coverage is limited to the statutory minimums of $25,000/$50,000 (plus PIP benefits), making it critical for your attorney to prove every dollar of damage.

Part IV: The Investigative Advantage of a Lawyer

The police investigation often focuses on the criminal aspect of the hit and run, apprehending the fugitive driver. Your civil lawyer's investigation focuses on the financial recovery aspect, identifying liability and securing insurance funds.

1. The Attorney's Investigation

When you hire our firm, we immediately launch a comprehensive investigation:

• Witness Canvassing: We revisit the scene to find witnesses or businesses the police may have missed.
• Surveillance Sweep: We contact local businesses and property owners to request and secure any security or traffic camera footage before it is destroyed or overwritten. This footage is the single most effective tool for identifying the fleeing vehicle.
• Insurance Audit: We thoroughly review your insurance policies (auto, homeowner's, umbrella) to determine the highest possible UM/SUM limits available for your claim.
• Police Follow-up: We maintain constant contact with law enforcement to track the criminal investigation and obtain any new information that may lead to the driver's identity.

2. Identifying Other Liable Parties

Sometimes, the hit and run driver is not the only negligent party. Your lawyer investigates whether the accident was caused, in part, by a third party.

• Property Owners: If poor signage or a malfunctioned traffic light at an intersection contributed to the crash, the municipality or property owner may bear some liability.
• Vehicle Defects: If a defect in your vehicle contributed to the severity of the crash, the manufacturer may be partially liable.

Don't Let the Criminal Act Define Your Recovery

A hit and run accident is a deeply frustrating and traumatic event. The criminal act of fleeing the scene can make victims feel powerless, believing they have no recourse. This is simply not true in New York.

New York's strict insurance requirements and the MVAIC safety net are specifically designed to protect victims in these exact circumstances. However, accessing these protections requires rigid adherence to strict deadlines, robust evidence gathering, and intimate knowledge of the state's insurance laws.

At Rosenberg & Gluck, LLP, we take the worry out of your claim. We will immediately launch our investigation, manage all mandatory filing deadlines, and aggressively negotiate with your own insurance company to attempt to ensure your UM coverage pays to the fullest extent possible, given the circumstances.

Do not wait. The clock is ticking on critical deadlines that protect your rights. We will fight to secure the maximum compensation you may deserve, even if the driver is never brought to justice. You pay no fee unless we win your case.