If you’ve been injured in a hit-and-run accident in New York, you may feel like justice is out of reach. The driver fled, you didn’t get a license plate number, and now you’re stuck with medical bills, car damage, and emotional stress. But there’s good news—under New York law, you may still be able to recover compensation, even if the at-fault driver is never found. At Rosenberg & Rodriguez, we help hit-and-run victims throughout NYC navigate their legal options, file injury claims, and pursue the compensation they deserve. Here’s what you need to know about suing for a hit-and-run accident in New York.
What Is a Hit-and-Run in New York?
A hit-and-run occurs when a driver is involved in an accident and leaves the scene without providing their information or helping anyone who may be injured. Under New York Vehicle and Traffic Law § 600, it’s illegal to leave the scene of an accident involving property damage or injury without stopping and reporting the crash.
Unfortunately, hit-and-run crashes are increasingly common in NYC. According to NYPD data, there are thousands of hit-and-run incidents reported annually across the five boroughs, many of which result in serious injuries or even fatalities.
Can You Sue the Driver in a Hit-and-Run?
Yes, if the hit-and-run driver is identified, you can file a personal injury lawsuit against them just like you would in any other car accident case. But because many hit-and-run drivers are never found, your ability to sue them directly may be limited.
That’s where New York’s no-fault and uninsured motorist (UM) coverage laws come into play.
What if the Hit-and-Run Driver Is Never Caught?
Even if the driver flees and is never located, you still have options. In most hit-and-run cases, you can recover compensation by filing a claim under your own uninsured motorist policy or through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a state-run program designed to assist victims of hit-and-run crashes.
1. Uninsured Motorist (UM) Coverage
New York requires all auto insurance policies to include Uninsured Motorist (UM) coverage. This allows you to file a claim with your own insurance company if you’re injured by an uninsured or unidentified driver. UM coverage can provide compensation for:
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Medical expenses
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Lost wages
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Pain and suffering
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Future medical care
You must notify your insurance company promptly—often within 30 days of the accident—to preserve your right to file a UM claim.
2. MVAIC Claims
If you do not have access to your own insurance—such as if you were a pedestrian or bicyclist hit by a vehicle and didn’t have auto insurance—MVAIC may step in to help.
To be eligible, you must:
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Report the accident to the police within 24 hours
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File a claim with MVAIC within 90 days
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Cooperate with the investigation
MVAIC coverage is limited, but it can provide up to $25,000 for bodily injury per person (or more in serious cases), which can be vital for victims without other coverage.
Steps to Take After a Hit-and-Run Crash
Hit-and-run victims often feel confused, angry, or helpless. Here are the steps you should take immediately after a hit-and-run in NYC:
1. Call the Police Immediately
Reporting the accident is crucial. The police report will serve as key documentation for your insurance or MVAIC claim. Be sure to mention:
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Time and location of the crash
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Vehicle make, model, color (if known)
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Any partial license plate numbers
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Direction the vehicle fled
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Any witness contact information
2. Seek Medical Attention
Even if you feel okay, it’s essential to get checked out. Many car accident injuries—including whiplash, concussions, and internal bleeding—may not appear immediately. Documenting your injuries right away is also critical for your claim.
3. Contact an Experienced Car Accident Lawyer
A personal injury attorney can investigate the accident, gather evidence (such as surveillance footage), help you file insurance or MVAIC claims, and negotiate for fair compensation. Hit-and-run cases can be legally complex, so it’s important to work with someone who understands New York law inside and out.
What Compensation Is Available in a Hit-and-Run Lawsuit?
Whether you’re suing the driver (if identified), filing a UM claim, or working through MVAIC, you may be entitled to compensation for:
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Emergency medical bills
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Follow-up treatment and rehab
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Prescription medications
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Lost income and earning potential
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Pain and suffering
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Emotional distress
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Vehicle damage
If a loved one was killed in a hit-and-run, surviving family members may be able to file a wrongful death claim for funeral costs, loss of companionship, and other damages.
Common Challenges in NYC Hit-and-Run Cases
Hit-and-run claims present unique legal and logistical obstacles. These include:
1. Lack of Identification
Without a license plate or security footage, it may be impossible to identify the at-fault driver. That limits your ability to sue them directly and often forces you to pursue a UM or MVAIC claim.
2. Strict Deadlines
There are multiple deadlines to watch for:
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Report to police within 24 hours
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Notify your insurance company within 30 days (sometimes less)
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File MVAIC paperwork within 90 days
Missing these deadlines could mean losing your right to compensation.
3. Insurance Denials or Delays
Insurance companies may try to argue that your injuries aren’t severe, that the accident didn’t happen as described, or that you’re ineligible for UM coverage. Having an experienced lawyer can help you avoid common pitfalls and protect your rights.
Why Hit-and-Run Victims Should Work With Rosenberg & Rodriguez
At Rosenberg & Rodriguez, we’ve helped countless NYC residents navigate the aftermath of hit-and-run crashes. We understand how frustrating and emotionally draining these accidents can be—especially when the driver gets away.
Here’s how we help:
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Investigate the accident and gather all possible evidence
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Request surveillance footage from nearby businesses or traffic cams
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File timely claims with your insurer or MVAIC
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Negotiate for maximum compensation
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Take your case to court if necessary
We operate on a contingency fee basis, which means you pay nothing unless we win your case.
Frequently Asked Questions
Can I get compensation if the hit-and-run driver is never found?
Yes. You can file a claim through your own uninsured motorist coverage or apply for compensation through MVAIC if you don’t have insurance.
What if I was a pedestrian or bicyclist hit by a car?
You may still be eligible for UM or MVAIC compensation. Pedestrians and cyclists can often pursue hit-and-run claims, even without their own auto insurance.
How long do I have to file a hit-and-run claim in New York?
It depends on the type of claim. Most UM claims must be reported within 30 days. MVAIC claims require police reports within 24 hours and paperwork filed within 90 days. Lawsuits for injury must be filed within three years.
Will my insurance premiums go up if I file a UM claim?
Filing a UM claim for a hit-and-run accident generally does not result in premium increases because the accident wasn’t your fault.
Talk to a New York Hit-and-Run Attorney Today
If you were injured in a hit-and-run crash in New York, don’t wait. Every hour that passes can mean lost evidence, missed deadlines, and weaker claims. At Rosenberg & Rodriguez, our experienced NYC personal injury attorneys are ready to fight for your rights and help you move forward.
Call us today at (718) 509-4960 for a free consultation, or contact us online to learn how we can help with your hit-and-run injury claim.
