To report a hit and run accident in New York, call the police, seek medical care if needed, and report the crash to your insurer. If you are dealing with an insurance company after the crash, it will ask about the crash, your injuries, the damage, and any proof the other driver left.
A Long Island car accident lawyer from our team can help you report the crash, protect evidence, deal with insurance calls, and seek damages if the hit and run driver is found or insurance coverage applies.
What Counts as a Hit and Run in New York?
A hit and run happens when a driver leaves the scene after a crash without giving the required information or reporting the accident. This can happen after a crash with another car, a parked car, a cyclist, a pedestrian, or someone’s property.
A hit and run accident in New York may involve a driver who:
- Leaves before the police arrive
- Hits a parked car and drives away
- Gives false information
- Leaves after hurting someone
- Leaves after damaging another person’s property
Under New York Vehicle and Traffic Law § 600, a driver involved in a crash must stop and provide certain information when property damage or injury occurs. The law also has separate rules for crashes involving personal injury.
Do You Have to File a DMV Report?
In New York, a driver must report a crash to the Department of Motor Vehicles (DMV) within 10 days if the crash caused injury, death, or more than $1,000 in property damage to any one person.
The DMV form (Form MV-104) warns that failing to file within 10 days can be a misdemeanor and may lead to license or registration suspension until the report is filed. A police report and a DMV report are not always the same thing.
The police report records what officers learned, and the DMV report is the form you may have to file yourself. If the crash involved only minor property damage, ask the police or DMV whether Form MV-104 applies.
What to Say to Your Insurance Company After the Accident
Report the hit and run to your insurance company as soon as you can. If you do not know the other driver’s speed, direction, or identity, tell the insurer that.
The insurance company may ask for:
- The police report number
- Photos of your car
- Medical records, if you were hurt
- Repair estimates
- Witness information
- Any video you found
- A written or recorded statement
New York follows No-Fault insurance rules for most accidents. This means your No-Fault coverage may pay for basic medical bills and some lost earnings after a crash, no matter who caused it.
The New York Department of Financial Services says written notice for No-Fault benefits must be given within 30 days after the accident unless there is a clear and reasonable reason for delay.
Click to contact our personal injury lawyers today
What if the Hit and Run Driver is Never Found?
If the police don’t find the fleeing driver, you may still have options to recover from the crash. Your auto policy may include uninsured motorist (UM) coverage. This coverage can matter when the at-fault driver fled and cannot be identified.
If you do not have coverage that applies, you may be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This program may help in hit and run cases or when the driver has no insurance.
These claims follow strict notice rules, meaning you must report the crash and submit the required information within set time limits to keep your claim active.
Can You Recover Damages After a Hit and Run?
If the driver is found, their insurance may cover your losses. If not, your own insurance or MVAIC may help. You may be able to file a claim for medical bills, lost pay, pain and suffering, physical limitations, car repairs, and other crash-related losses.
New York’s deadline for personal injury cases matters, so be sure to track how much time passes after the accident. Most personal injury lawsuits in New York must be filed within three years under NY CPLR § 214(5).
If you are filing a wrongful death lawsuit, you generally have a two-year deadline to seek damages. Shorter deadlines can apply if a government vehicle or public agency is involved. We will advise you on what deadline applies to your case if we must file a lawsuit for damages.
Common Mistakes People Make After a Hit and Run Accident
People often feel rushed after an accident with a fleeing driver, but they can make mistakes that can make filing a claim harder.
If you are in this situation, try to avoid:
- Waiting too long to call the police
- Leaving the scene without photo or video proof
- Forgetting to ask for the names of witnesses
- Guessing about facts that you do not know
- Missing the DMV report deadline
- Missing the deadlines for No-Fault or MVAIC claims
- Giving a recorded statement before you understand the claim
- Accepting a settlement offer before you know your injuries and costs
Our team will help you document the details that support your injury claim. Keeping clear proof can help show what happened and what the crash cost you.
Need to Report a Hit and Run in NY? Levine And Wiss Will Help
Knowing how to report a hit and run can protect your claim from the start. The Long Island personal injury lawyers at Levine And Wiss help people on Long Island and across New York after serious crashes, including hit and run accidents.
We will handle calls from the insurance company and fight to recover all your losses. Our team includes experienced attorneys, in-house investigators, paralegals, and staff who handle your entire case under partner supervision. We have recovered hundreds of millions for clients, served thousands of people, and bring 100+ years of combined experience.
We will take care of your claim while you heal. We will also call you back, offer direct lawyer communication, and can meet with you by phone, Zoom, at the hospital, at your home, or at one of our offices. If the insurance company is giving you trouble or you are unsure what to do next, call Levine And Wiss for a free consultation.
