Being hit by a driver who then flees the scene is one of the most disorienting experiences a crash victim can go through. You are injured, shaken, and suddenly dealing with a legal situation that is more complicated than a standard car accident claim. The person responsible is gone. You may have no plate number, no name, and no way to reach their insurance company. And the deadlines that protect your right to compensation start running from the moment the crash happened.
The good news is that New York law provides real options for hit-and-run victims, even when the driver is never identified. At Porter Law Group, attorney Michael S. Porter and his team represent hit-and-run accident victims throughout New York State. Call (833) 767-8379 or email info@porterlawteam.com for a free consultation. No fee unless we win.
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Under New York Vehicle and Traffic Law, every driver involved in a collision is required to stop at the scene, exchange identifying information with other parties, and provide reasonable assistance to anyone who is injured. A hit-and-run occurs when a driver leaves without meeting those obligations.
This definition is broader than most people expect. A hit-and-run is not only a driver who speeds away from a serious crash. It also includes:
Under New York Vehicle and Traffic Law Section 600, leaving the scene of an accident that caused injury or death is a felony. Even leaving the scene of a property-damage-only crash without leaving contact information is a misdemeanor. These are serious criminal charges, which is part of why drivers flee in the first place. But the fact that a driver committed a crime by fleeing does not automatically mean you will be compensated. You need to take the right steps and understand the specific legal routes available to you in New York.
The steps you take in the first hours after a hit-and-run directly determine what evidence will be available and whether you can access certain forms of compensation. Evidence disappears fast, and some deadlines are measured in days, not months.
Call (833) 767-8379 or email info@porterlawteam.com as soon as possible. Critical evidence, especially surveillance footage from nearby cameras, is often overwritten within 24 to 72 hours.
This is the question most hit-and-run victims ask first, and the answer is genuinely reassuring. New York law requires all auto insurance policies to include uninsured motorist (UM) coverage. When the driver who caused your injuries cannot be identified or is uninsured, your own UM coverage becomes your primary source of compensation for injuries beyond what no-fault PIP covers.
Uninsured motorist coverage. New York mandates a minimum of $25,000 per person and $50,000 per accident in UM bodily injury coverage on every auto policy. Many drivers carry higher limits, and supplementary uninsured/underinsured motorist (SUM) coverage can provide additional protection. When you file a UM claim after a hit-and-run, your own insurer steps into the position of the at-fault party, which means this process becomes adversarial. Your insurer will investigate the claim, examine your medical records, and look for reasons to minimize what they pay. Having an attorney represent you in that process is not optional if you want fair compensation.
To make a UM claim in a hit-and-run case, most New York policies require that there was actual physical contact between the fleeing vehicle and your vehicle or your person. A phantom vehicle that causes you to swerve and crash without direct contact can create complications that an experienced attorney can help you navigate.
MVAIC: the safety net if you have no insurance. If you do not own a vehicle, are not covered under a household family member's auto policy, and have no other applicable insurance, the Motor Vehicle Accident Indemnification Corporation (MVAIC) was created specifically for you. MVAIC is a New York State fund that compensates eligible hit-and-run and uninsured motorist victims who have no other available coverage. To qualify, you must report the accident to police and file a Notice of Intention with MVAIC within 90 days of the accident. That 90-day deadline is absolute. Missing it eliminates your right to MVAIC compensation. Our attorneys handle MVAIC claims and can file your Notice of Intention before that window closes.
No-fault PIP benefits. Regardless of whether the driver is found, your own PIP coverage pays up to $50,000 in medical expenses and 80 percent of lost wages up to $2,000 per month for up to three years. You must apply for no-fault benefits within 30 days of the accident.
To understand how the no-fault system works alongside a UM claim, read our guide on how to file a no-fault insurance claim in New York.
When law enforcement identifies and locates the driver who fled, your legal options expand significantly. You are no longer limited to a UM claim against your own insurer. You can pursue a direct personal injury lawsuit against the at-fault driver for the full range of damages, including pain and suffering, lost wages, future medical expenses, and, in appropriate cases, punitive damages.
A driver who was intoxicated, unlicensed, or fleeing another crime at the time of the crash faces elevated civil liability in addition to criminal charges. Under New York's Dram Shop Act (General Obligations Law Section 11-101), if the fleeing driver had been served alcohol at a bar or restaurant before the crash, that establishment may also share civil liability. Read more about how Dram Shop laws affect drunk driving cases in New York.
The criminal case and your civil lawsuit proceed on separate tracks. A criminal conviction or guilty plea can serve as powerful evidence of liability in your civil case, but you do not need to wait for the criminal proceedings to conclude before pursuing your civil claim.
Hit-and-run crashes produce the same range of injuries as any serious car accident, with one important difference: victims are often denied immediate assistance because the at-fault driver left. Delayed care can worsen outcomes.
Traumatic brain injuries. Concussions and more serious brain injuries may not produce obvious symptoms at the scene. Cognitive changes, headaches, memory problems, and mood shifts can emerge in the days following the crash.
Spinal and neck injuries. Whiplash, herniated discs, and spinal cord injuries are common in collisions of all types. High-energy impacts can cause vertebral fractures and, in severe cases, partial or complete paralysis.
Fractures. Broken bones in the arms, legs, wrists, hips, and ribs are frequent in vehicle collisions. Many require surgery and extended rehabilitation.
Internal injuries. Ruptured organs and internal bleeding are not visible from the outside and can be life-threatening if not diagnosed quickly. This is why same-day medical evaluation matters even when you feel relatively okay.
Soft tissue injuries. Muscle tears, ligament sprains, and nerve injuries can produce chronic pain and long-term functional limitations that are not apparent immediately after the crash.
Wrongful death. When a hit-and-run crash is fatal, surviving family members may have a wrongful death claim against the at-fault driver, and a MVAIC or UM claim if that driver is never found or is uninsured. Our wrongful death lawyers represent families across New York in these cases.
Pedestrians and cyclists are among the most seriously injured hit-and-run victims in New York, and they face a specific set of coverage questions because many do not own a vehicle or carry their own auto insurance.
If you were on foot or on a bicycle when struck by a fleeing driver:
For more information about your rights as a pedestrian injured in a vehicle collision, visit our pedestrian accident lawyers page.
When your injuries meet the serious injury threshold under Insurance Law Section 5102(d), or when your economic losses exceed what no-fault PIP covers, New York law allows you to pursue full compensation through your UM coverage or, if the driver is found, a direct lawsuit.
Economic damages include all financial losses caused by the crash: past and future medical expenses, lost wages during your recovery, reduced earning capacity if your injuries are permanent, property damage to your vehicle, and out-of-pocket costs like transportation to medical appointments.
Non-economic damages cover what cannot be measured in receipts: the physical pain you have endured, the emotional distress of the crash and its aftermath, the activities and experiences you can no longer participate in, and the impact on your relationships with your spouse or family.
Wrongful death damages apply when a hit-and-run crash is fatal. Surviving family members may recover funeral and burial expenses, the economic value of the deceased's future earnings and household contributions, and compensation for the loss of companionship and parental guidance.
The value of a hit-and-run claim depends on the severity of your injuries, whether they are permanent, the amount of insurance coverage available, and whether the at-fault driver is ever identified. The table below reflects the general ranges we see in New York hit-and-run accident cases.
| Injury Type | Typical Settlement Range |
| Soft tissue injuries with full recovery, no surgery | $15,000 to $75,000 |
| Fractures or moderate injuries requiring surgery or extended therapy | $75,000 to $350,000 |
| Serious injuries with permanent restrictions, spinal damage, or head trauma | $350,000 to $1,000,000 |
| Catastrophic injuries including TBI, paralysis, or permanent disability | $1,000,000 or more |
| Wrongful death | Varies based on the deceased's age, earnings, and family circumstances |
These figures are general guidance only. UM policy limits also cap what can be recovered when the driver is unidentified. For more context on how New York values car accident claims, visit our car accident settlement amounts page.
Hit-and-run cases involve more deadlines than a standard car accident claim, and several of them are much shorter than the three-year statute of limitations.
No-fault PIP application: Must be submitted within 30 days of the accident. Missing this deadline can result in denial of your PIP benefits entirely.
MVAIC Notice of Intention: If you are relying on MVAIC for coverage, the Notice of Intention must be filed within 90 days of the accident. This is a hard cutoff with very limited exceptions.
UM coverage notice: Most UM policies require prompt written notice of a hit-and-run accident. Delayed notification can be used by your insurer to deny or reduce your claim.
Personal injury lawsuits: Three years from the date of the accident under CPLR Section 214(5). This applies if the at-fault driver is identified and you pursue a direct lawsuit.
Wrongful death claims: Two years from the date of death under New York Estates, Powers and Trusts Law Section 5-4.1.
Claims involving a government entity: If a government vehicle was involved or a road defect contributed to the crash, you may need to file a Notice of Claim within 90 days of the accident under General Municipal Law Section 50-e.
The three-year statute of limitations should not create a false sense of time. Evidence that can identify the driver or prove your injuries is being lost every day after the crash. Filing your no-fault claim does not pause any other deadline. Act promptly.
For a full breakdown of the deadlines that apply to your situation, visit our page on the statute of limitations for car accident claims in New York.
Not Sure What to Do After a Hit-and-Run in New York?
Talk to a New York hit-and-run accident lawyer at Porter Law Group about your rights, your deadlines, and every available source of compensation.
Michael S. Porter founded Porter Law Group to represent injured New Yorkers and their families in serious accident cases. He is a graduate of Harvard University and Syracuse University College of Law. He served as a Captain in the U.S. Army Judge Advocate General's Corps before entering private practice. He has been selected to Super Lawyers for 14 consecutive years, from 2012 through 2025, and holds a 10.0 Superb rating on Avvo and a Distinguished rating from Martindale-Hubbell.
No fee unless we win. All hit-and-run accident cases are handled on a contingency basis. You pay nothing unless we recover compensation for you.
Free consultations, available 24/7. You can reach our team any time to discuss your situation at no cost and with no obligation to hire us.
Direct attorney access. When you call, you speak with the attorney working on your case, not a case manager or intake staff.
You can review our case outcomes on our Results page, read client experiences on our Testimonials page, and meet our team on our Attorneys and Staff page.
Porter Law Group represents people injured in hit-and-run crashes throughout New York. No matter where your accident occurred, our team is ready to help.
New York City. Hit-and-run accidents are a persistent problem across all five boroughs. Pedestrian and cyclist hit-and-runs are especially common in Manhattan, Brooklyn, and Queens. Many of these crashes involve city-owned or government-operated vehicles, which triggers the 90-day Notice of Claim requirement under General Municipal Law Section 50-e. Surveillance infrastructure in NYC, including DOT cameras and building security systems, can be critical to identifying fleeing drivers, but footage must be requested within days.
Long Island. We represent hit-and-run victims throughout Nassau and Suffolk Counties, including on the Long Island Expressway, Sunrise Highway, and the network of surface roads where these crashes frequently occur after dark.
Westchester and the Hudson Valley. We serve injured clients in White Plains, Yonkers, and throughout Westchester County and the Hudson Valley region, including crashes on county roads and parkways where fleeing drivers can quickly disappear.
Central New York and Syracuse. We represent clients injured in hit-and-run crashes throughout Onondaga County and the surrounding region, including on I-81 and the arterial roads running through the Syracuse metro area.
Western New York and Buffalo. We handle hit-and-run cases throughout Erie and Niagara Counties, including crashes on I-90 and the highway network connecting Buffalo and its suburbs.
Upstate New York. We represent clients in Albany, Rochester, Utica, Binghamton, Saratoga Springs, Ithaca, and communities across the state. Whether your crash happened on a rural county road or a busy city street, your rights under New York law are the same.
Yes. New York requires all auto insurance policies to include uninsured motorist (UM) coverage, which is specifically designed for situations where the at-fault driver cannot be identified. Your own UM coverage steps in as the source of compensation for injuries that exceed your no-fault PIP benefits. To make a UM claim after a hit-and-run, you must have reported the accident to police and, in most cases, there must have been physical contact between the fleeing vehicle and your vehicle or your person. If you have no applicable auto insurance, the Motor Vehicle Accident Indemnification Corporation (MVAIC) provides an additional safety net for eligible claimants, subject to strict 90-day filing requirements. Our attorneys handle every step of both processes.
The Motor Vehicle Accident Indemnification Corporation is a New York State fund created to compensate victims of hit-and-run accidents and crashes involving uninsured drivers who have no other available insurance. Eligible claimants include pedestrians, cyclists, and vehicle occupants who are not covered by any applicable auto policy, either their own or a household family member's. To qualify, you must report the accident to police promptly and file a Notice of Intention with MVAIC within 90 days of the accident. This 90-day deadline is strict. MVAIC claims involve specific procedural requirements, and working with an attorney who knows the process significantly improves your chances of a successful outcome.
Several deadlines apply, and they are shorter than most people expect. Your no-fault PIP application must be submitted within 30 days of the accident. If you are relying on MVAIC, your Notice of Intention must be filed within 90 days. Most UM policies also require prompt written notice of the hit-and-run. The statute of limitations for a personal injury lawsuit is three years from the date of the accident under CPLR Section 214(5), but that longer deadline does not protect the shorter ones. If a government entity is involved, a 90-day Notice of Claim under General Municipal Law Section 50-e may also apply. Contacting an attorney immediately after the crash is the only reliable way to ensure every deadline is met.
This is called a phantom vehicle situation. If a vehicle cut you off or forced you to swerve without making direct contact and you were then injured in the resulting crash, most UM policies require corroborating evidence beyond your own account to support the claim. That evidence can include witness testimony, traffic camera footage, road evidence consistent with your account, or any other documentation that supports what happened. These claims are more complex than standard hit-and-run claims, but they are not impossible. An attorney can evaluate the specific facts of your situation and advise on how to build the strongest possible claim.
Pedestrians and cyclists hit by a fleeing driver may be covered under a household family member's UM policy. If no such coverage is available, MVAIC provides protection for eligible pedestrians and cyclists subject to the same 90-day Notice of Intention deadline. Importantly, pedestrians in New York are not subject to the serious injury threshold that applies to vehicle occupants under Insurance Law Section 5102(d), which means pedestrians can pursue compensation for any injury caused by the at-fault driver, not just injuries that meet a specific severity standard. Visit our pedestrian accident lawyers page for more information specific to pedestrian claims.
As a passenger, you are generally covered by the UM coverage on the vehicle you were riding in, and you may also have rights under your own auto insurance policy if you carry one. Passengers are entitled to no-fault PIP benefits from the vehicle's insurer, and can pursue UM claims for injuries that exceed those benefits. If the at-fault driver is later identified and found to be uninsured, your UM coverage applies directly. If that driver is identified and insured but their limits are inadequate for your injuries, your own SUM coverage may provide additional compensation. Our attorneys can assess every available source of coverage for passengers injured in hit-and-run crashes.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
A hit-and-run leaves you dealing with injuries, uncertainty, and a claims process that is more complicated than a standard accident. You do not have to figure it out alone. Porter Law Group is ready to help you identify every available source of compensation and meet every deadline that stands between you and a fair recovery.
Call (833) 767-8379 or email info@porterlawteam.com. Consultations are free, available around the clock, and carry no obligation.
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