Hit-and-run laws and what to do in New York

Getting hit by a driver who speeds off is one of the worst versions of a crash. You're hurt or your car is wrecked, and the one person who owes you answers is already gone. New York treats leaving the scene as its own crime, separate from whatever caused the collision, and the state has specific ways to get you paid even when the other driver is never identified. Here is how the rules actually work here.

New York City recorded 6,625 reported crashes in April 2026 alone, and 6,773 back in January.¹² Some of those drivers don't stop. The rules below are what New York demands of them, and what it lets you do in return.

What New York calls a hit-and-run

The offense lives in Vehicle and Traffic Law section 600, "leaving scene of an incident without reporting."³ The statute never uses the phrase "hit and run." It sets a duty: any driver who knows, or has reason to know, that they've been in a crash that damaged property or injured someone has to stop.

If only property was damaged, VTL 600(1)(a) requires the driver to stop, show their license and insurance identification card, and give their name, address, insurance carrier, and insurance ID information to the other party.³ When a person is injured, VTL 600(2) requires that same exchange plus reporting the incident to a police officer.³ Stopping isn't satisfied by slowing down and taking a look. Leaving before you've done these things is the crime.

The criminal penalties tier by tier

New York scales the punishment to the harm.

Property damage only is a traffic infraction under VTL 600(1)(a), punishable by a fine of up to $250, up to 15 days in jail, or both.³

Once a person is injured, it becomes a crime. A first violation involving personal injury is a class B misdemeanor with a fine of $250 to $500.³ If the crash caused serious physical injury, leaving the scene is a class E felony carrying a fine of $1,000 to $5,000.³ If someone died, it's a class D felony with a fine of $2,000 to $5,000, on top of possible state prison time.³ "Serious physical injury" is a defined legal term, and whether an injury clears that line is often what separates a misdemeanor from a felony.

Those figures are only the fines the statute sets. A judge can add jail or prison, license consequences, and restitution.

What to do in the first hours

Stay where you are if you can do so safely, and call 911. A police response creates the official record you'll need later, and for several of the recovery routes below, the law starts a strict clock the moment the crash happens.

Write down everything you can about the other vehicle while it's fresh: color, make, any part of the plate you caught, the direction it fled, and the damage you saw. Look for witnesses and nearby cameras. Photograph your car, the scene, and your injuries. Get checked by a doctor even if you feel fine, because injuries from a crash often surface a day or two later.

New York also puts a reporting duty on you. Under VTL 605, if the crash injured or killed anyone or caused property damage over $1,000 to any one person, you have to file a written report (form MV-104) with the DMV commissioner within 10 days.⁴⁵ That's separate from the report the responding officer files. You'll want a copy of the police crash report for your own claim, and you can start with our New York crash report guide.

Getting paid when the driver is never found

This is the part that matters most after a hit-and-run, because the at-fault driver may never be identified. New York gives you three overlapping sources.

Your own uninsured motorist (UM) coverage. Every New York auto policy has to include UM coverage at least matching the state's 25/50 bodily injury minimum, and that coverage cannot be waived.⁶ A hit-and-run vehicle counts as uninsured, so if you carry auto insurance, your UM coverage can pay for your bodily injuries even though the other driver vanished.

No-fault (PIP) benefits. New York is a no-fault state. Basic economic loss coverage of $50,000 per person pays your medical bills, lost earnings up to $2,000 a month for up to three years, and other reasonable expenses, no matter who caused the crash.⁷ Under Regulation 68, you generally have to give your insurer written notice of the claim within 30 days of the accident, so this is not something to put off.⁷

MVAIC. If you have no auto insurance of your own to fall back on, the Motor Vehicle Accident Indemnification Corporation exists for exactly this situation. It covers "qualified persons," which Insurance Law 5202(b) defines as New York residents who aren't the insured, the uninsured vehicle's owner, or that owner's spouse.⁸ That takes in many injured pedestrians and passengers. The deadlines are unforgiving: for a hit-and-run or unidentified vehicle, you must report the accident to the police within 24 hours and file a notice of intention to make claim with MVAIC within 90 days of the accident.⁹¹⁰ Miss the 90-day window and the claim can be gone. If the driver is identified but simply uninsured, the notice period is 180 days.⁹

If your car was damaged and later repaired, the drop in its resale value can be a separate claim; see our New York diminished value guide.

The deadlines that can quietly end your case

Hit-and-run claims fail on missed paperwork more often than on the facts. Keep four clocks in view:

• No-fault notice: about 30 days from the crash to notify your insurer.⁷
• MVAIC: 24 hours to report to police, then 90 days to file the notice of intention for a hit-and-run.⁹
• DMV report: 10 days to file your MV-104.⁴
• Lawsuit: three years from the date of the accident to sue for personal injury, under CPLR 214(5).¹¹

That three-year statute of limitations is the outer wall, not a reason to wait. The evidence that wins hit-and-run cases, like camera footage and witness memory, disappears within days.

Where fault comes in

To sue the at-fault driver for pain and suffering (assuming they're found), you generally have to meet New York's "serious injury" threshold in Insurance Law 5102(d).¹² New York also changed its fault rules in 2026. For motor vehicle injury claims, a modified comparative negligence rule now bars recovery if your share of the fault is greater than the other side's, and reduces your damages by your percentage otherwise, under CPLR 1411(b).¹³ In a hit-and-run where you were lawfully stopped or in your own lane, fault usually isn't your problem. Documenting the scene is what keeps it that way.

Getting help

A hit-and-run piles a criminal investigation, a no-fault claim, and possibly an MVAIC or UM claim on top of your physical recovery, each with its own deadline. If your injuries are more than minor, talk to a New York injury attorney early. You can find one through our legal directory.

This article is general information, not legal advice.

Sources

1. thatcarhitme.com, New York Crash Report, April 2026. https://thatcarhitme.com/crash-data/new-york/new-york/april-2026-report

2. thatcarhitme.com, New York Crash Report, January 2026. https://thatcarhitme.com/crash-data/new-york/new-york/january-2026-report

3. New York Vehicle and Traffic Law § 600, Leaving scene of an incident without reporting. https://www.nysenate.gov/legislation/laws/VAT/600

4. New York Vehicle and Traffic Law § 605, Reports of accidents. https://www.nysenate.gov/legislation/laws/VAT/605

5. New York DMV, File a Motorist Crash Report. https://dmv.ny.gov/records/file-a-motorist-crash-accident-report

6. New York Insurance Law § 3420(f), Uninsured motorist coverage. https://www.nysenate.gov/legislation/laws/ISC/3420

7. New York Department of Financial Services, No-Fault (Regulation 68) FAQ; Insurance Law § 5102(a). https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault_faqs_reg68

8. New York Insurance Law § 5202, Definitions (qualified person). https://www.nysenate.gov/legislation/laws/ISC/5202

9. New York Insurance Law § 5208, Notice of claim to MVAIC. https://www.nysenate.gov/legislation/laws/ISC/5208

10. Motor Vehicle Accident Indemnification Corporation (MVAIC), Do You Qualify. https://mvaic.com/do-you-qualify

11. New York Civil Practice Law and Rules § 214, Actions to be commenced within three years. https://www.nysenate.gov/legislation/laws/CVP/214

12. New York Insurance Law § 5102(d), Serious injury definition. https://www.nysenate.gov/legislation/laws/ISC/5102

13. New York Civil Practice Law and Rules § 1411, Comparative negligence. https://www.nysenate.gov/legislation/laws/CVP/1411