What to Do After a Hit and Run in New York
What to Do After a Hit and Run in New York (Attorney Step-by-Step Guide)
By Vincent C. Loiodice, Attorney at Law
A NY hit and run is one of the most stressful and infuriating types of accidents. One second you’re driving or walking, and the next you’re injured — while the person who caused the crash speeds away without taking responsibility.
The good news: New York law gives hit-and-run victims strong protections, and you may still be able to recover full compensation even if the other driver is never found.
Here’s exactly what to do immediately after a hit and run to protect your health, your rights, and your case.
🚨 Step 1: Call 911 Immediately After a NY Hit and Run
In New York, you must report a hit and run as soon as possible. When police arrive, give them:
The direction the vehicle fled
Color, make, or model of the car
Partial or full license plate (if you saw it)
Description of the driver (if possible)
Any witnesses nearby
Police will file an official report — a critical document that strengthens your injury claim.
📸 Step 2: Take Photos and Video
Even if the other driver fled, scene evidence still matters.
Take photos of:
Your vehicle damage
The roadway
Skid marks or debris
Your injuries
Traffic lights, signs, cameras, and intersections
Surrounding businesses (many have surveillance footage)
Video is especially useful for showing location and conditions.
👀 Step 3: Look for Witnesses or Nearby Cameras
Hit and run claims are often solved with:
Witness descriptions
Security footage
Doorbell cameras
Side-street or intersection cameras
Storefront cameras
Get names and phone numbers from anyone who saw the crash. Even a short statement can make or break your case.
⏱ Step 4: Get Medical Care Right Away
Go to a hospital or urgent care immediately, even if you think you’re “okay.”
Hit-and-run victims often suffer:
Whiplash
Back or neck injuries
Concussions
Knee injuries
Broken bones
Soft-tissue damage
Delays in medical care give insurance companies an excuse to deny your claim.
A quick evaluation creates a medical record tying your injuries to the accident.
📝 Step 5: Notify Your Own Insurance Company
DO NOT describe the accident in detail.
Just report:
That you were the victim of a hit and run
The date, time, and location
Basic physical and vehicle damage
Let your attorney handle all further communication — insurers often try to twist your words.
🛡 Step 6: Understand NY’s Special Insurance Rules for Hit and Run Victims
Even if the driver is never found, NY hit and run victims can still recover benefits through No-Fault insurance and UM coverage:
✔ No-Fault Insurance Covers Your Medical Bills
Your own car insurance pays for:
Medical treatment
Lost wages
Some household expenses
This applies even in hit and runs.
✔ UM Coverage (Uninsured Motorist)
If the hit-and-run driver is never found, they are considered uninsured, and your UM coverage can pay for pain and suffering.
This is a major protection for NY drivers.
✔ MVAIC (For People Without Insurance)
If you do not have your own car insurance, New York has a special fund where you can file a claim — MVAIC — that can cover:
Medical bills
Lost wages
Pain and suffering
There are deadlines for applying, so call an attorney immediately.
⚠️ Step 7: Do NOT Give a Recorded Statement Without a Lawyer
Insurance companies will ask:
“How fast were you going?”
“Could you have avoided the crash?”
“Are you sure it was a hit and run?”
These questions are designed to blame YOU, even though you did nothing wrong.
Tell them politely:
“My attorney will follow up.”
⚖️ Step 8: Contact a New York Hit and Run Attorney Immediately
Hit and run cases are some of the most complex, and evidence disappears fast.
An attorney can:
Obtain surveillance footage before it’s deleted
Track down witnesses
Work with police investigators
Prove the crash happened as you reported
File your UM claim
Negotiate with insurance adjusters
Fight to get you full compensation
The sooner you get help, the stronger your case becomes.
🏁 Final Thoughts
A hit and run can leave you scared, frustrated, and overwhelmed. But you are not powerless — New York law provides multiple pathways to compensation, and an experienced attorney can guide you through each step.
If you were injured in a hit and run, don’t wait.
Your rights — and your recovery — depend on what you do next.
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