Being struck by a driver who speeds away without stopping can leave you feeling hurt, frustrated, and unsure where to turn. Some victims struggle with injuries that keep them out of work for weeks or months, while families mourning a loved one wonder how justice will be served.
In moments like these, having an NYC hit and run accident lawyer from The Perecman Firm can make a difference. Our team understands New York laws and knows how to pursue the recovery you need, whether through your own insurance or by holding the at-fault party responsible if they are identified.
If you or someone you care about was harmed in a hit and run accident, you don’t have to handle this alone. The Perecman Firm is ready to review your situation during a free consultation to explain your options.
Key Takeaways About NYC Hit and Run Accidents
- Hit and run accidents in New York carry serious criminal penalties including fines up to $5,000 and potential jail time
- Victims have up to three years from the date of the accident to file a personal injury lawsuit under New York's statute of limitations
- New York's no-fault insurance system requires your own insurance to cover initial medical expenses regardless of who caused the accident
- Uninsured motorist coverage can provide compensation when the at-fault driver flees the scene and cannot be identified
- Police reports and immediate medical attention are crucial for building a strong legal case after a hit and run incident
What Constitutes a Hit and Run Accident Under New York Law?
Drivers in New York have legal obligations after any collision. Walking away or driving off without meeting those duties is considered a hit and run.
New York Vehicle and Traffic Laws
Section 600 of the Vehicle and Traffic Law requires drivers to stop, share their license and insurance information, and provide aid when someone is injured. Failing to do so can lead to criminal charges. If property is damaged, drivers still must stop and leave information.
Criminal vs. Civil Implications of Leaving the Scene
A hit and run is both a crime and a civil wrong. Criminal cases involve punishment like fines or jail. Civil cases focus on compensation for the victim’s medical bills, lost wages, and pain caused by the driver’s actions.
Common Hit and Run Scenarios in NYC
Hit and run accidents happen in many ways across New York City. A driver might sideswipe a parked car in Astoria, hit a cyclist in Harlem, strike a pedestrian in Chelsea, or crash into another vehicle near the Brooklyn Bridge before leaving. Each situation leaves behind injured people who deserve accountability.
What Should You Do Immediately After a Hit and Run Accident?
Taking the right steps after a hit and run can protect your health and strengthen your claim.
Ensuring Safety and Calling Emergency Services
Your safety comes first. If you are in traffic, move to the side of the road or a safe location if you are able. Call 911 immediately and request both police and medical assistance. Even if injuries appear minor, emergency responders should evaluate everyone involved. Prompt medical care creates records that connect your injuries to the crash, which can help later during an insurance claim.
Gathering Evidence at the Scene
Every detail matters after a hit and run. If you can, write down or record notes about the fleeing vehicle, including its color, make, model, or any partial plate numbers. Details such as bumper stickers, dents, or broken lights can also help police track the car.
- Photograph the scene: Take wide shots of the accident location, skid marks, traffic signals, and any damage to your car or bike.
- Look for witnesses: Ask bystanders if they saw the vehicle leave or captured it on their phones. Get their names and contact information.
- Check nearby businesses or buildings: Security cameras around bodegas in the Bronx or apartment buildings in Queens often capture footage of accidents.
Documenting Injuries and Property Damage
Medical documentation is one of the strongest pieces of evidence you can have. Seek care right away, either through emergency services or at an urgent care clinic. Describe every symptom, even if it feels small at the time, since injuries sometimes worsen in the days after a crash.
Keep a journal of your recovery. Write down when you miss work, how pain limits your activities, and what treatments you receive. Save receipts for prescriptions, medical equipment, and transportation to appointments. For property damage, gather repair estimates and keep receipts for temporary replacements such as rental cars.
Filing a Police Report Under VTL Section 605
Under Section 605 of the Vehicle and Traffic Law, police must be notified when an accident causes injury, death, or significant property damage. Filing a report is more than a legal requirement. It provides an official account that supports both criminal prosecution and your civil claim.
When speaking with officers, share every detail you remember about the fleeing driver and car. Don’t guess if you aren’t sure about something, but do report anything that stood out to you. Later, you can request a copy of the report for your records.
Additional Steps That Strengthen Your Claim
Sometimes, extra actions help secure important evidence:
- Notify your insurance company quickly: Many policies require notice within a short time after a hit and run.
- Preserve damaged property: Don’t rush to repair your vehicle or throw away damaged clothing until photos and inspections are complete.
- Ask nearby businesses about footage: Video recordings often get erased within days. Acting quickly increases the chance of capturing proof.
- Follow up with medical providers: Consistent treatment shows that your injuries are serious and connected to the accident.
How Does New York's No-Fault Insurance Apply to Hit and Run Cases?
New York uses a no-fault system, which means you first look to your own insurance for certain costs after a crash, even if you didn’t cause it.
Personal Injury Protection (PIP) Coverage Requirements
Every car insurance policy in New York includes at least $50,000 in Personal Injury Protection (PIP). This coverage pays for medical bills, lost earnings, and some other expenses.
When No-Fault Benefits Are Insufficient
Severe injuries often exceed $50,000. Victims may need to pursue additional claims, such as an uninsured motorist claim or a lawsuit against the driver if identified.
Threshold Requirements for Stepping Outside No-Fault
New York law sets thresholds that allow you to file a lawsuit. Qualifying injuries include fractures, significant disfigurement, permanent limitations, or death. Meeting these thresholds gives victims the ability to recover damages beyond PIP.
What Compensation Can You Recover in a NYC Hit and Run Case?
Victims of hit and run accidents may pursue different forms of recovery depending on the circumstances.
Economic Damages Available Under New York Law
Economic damages cover measurable losses like hospital bills, physical therapy, prescription costs, lost income, and the expense of replacing or repairing damaged property.
Non-Economic Damages and Pain and Suffering
Injuries often bring more than financial strain. Victims may also pursue compensation for lasting pain, emotional struggles, or the way injuries affect daily life.
Uninsured Motorist Coverage Claims
When the driver cannot be found, uninsured motorist (UM) coverage on your own policy may provide compensation. UM steps in when no responsible driver is available.
Crime Victims Compensation Program Benefits
New York’s Crime Victims Compensation Program may help with certain costs, including medical expenses, counseling, and funeral costs if the hit and run led to death.
How Long Do You Have to File a Hit and Run Lawsuit in New York?
Most personal injury claims must be filed within three years of the accident. Missing this deadline usually means the court will dismiss the case.
Discovery Rule Exceptions
Rare exceptions apply if the harm wasn’t immediately clear. For example, if an injury appeared months after the crash, the time limit may begin later.
Importance of Acting Quickly Despite Time Limits
Even though the law allows three years, waiting makes it harder to collect evidence or find witnesses. Acting quickly strengthens your case.
What Happens When the Hit and Run Driver Is Never Found?
Sometimes, despite investigations, the responsible driver disappears. Even then, you still have options.
Uninsured Motorist Claims Process
Filing an uninsured motorist claim allows you to recover costs through your own policy. You’ll need to prove the accident involved a hit and run.
Working with Insurance Companies
Insurance carriers often try to minimize payouts. An attorney can push back by presenting strong evidence of your losses.
Alternative Sources of Compensation
Besides UM coverage, victims may explore other avenues such as personal health insurance or benefits from the Crime Victims Compensation Program.
Challenges in Proving Hit and Run Cases
Proving a hit and run case takes work because the other driver often cannot be identified right away.
Burden of Proof in Civil Cases
The victim must show the other driver’s actions caused the harm. This requires evidence linking injuries and losses to the crash.
Importance of Physical Evidence
Photos, medical records, and vehicle damage reports help paint a clear picture of what happened.
Witness Testimony and Surveillance Footage
Bystanders who saw the accident or nearby cameras in places like Times Square may provide details that confirm the driver fled.
Working with Law Enforcement Investigations
Police investigations may uncover leads, including traffic camera footage or information from license plate readers.
How Our Attorneys Can Help
At The Perecman Firm, we know how stressful hit and run cases feel. We take pride in handling the legal burdens so you can focus on your recovery.
Thorough Investigation and Evidence Collection
We gather police reports, witness statements, camera footage, and medical records to build a strong case.
Insurance Claim Negotiation and Advocacy
Insurance companies often try to limit what they pay. We work directly with them to pursue fair outcomes based on your documented losses.
Litigation Experience in New York Courts
When insurers or at-fault parties refuse to act fairly, we are prepared to take cases before a judge or jury.
Maximizing Compensation from All Available Sources
We identify every possible source of recovery, including PIP, UM coverage, and state crime victim programs.
Coordination with Criminal Proceedings
If prosecutors file criminal charges, we track the case and coordinate with authorities while focusing on your civil claim.
Committed to Helping You Obtain the Best Possible Outcome
We never treat clients like files or numbers. Our team digs into every detail, reviews every record, and pushes for the strongest possible outcome. We keep communication open and honest, always centering your needs.
We strive to set things right. No matter how long it takes, we continue working until every possible source of recovery has been explored. While you focus on healing, we focus on holding those responsible accountable. We see our clients as family, protecting them with care and determination. Our car accident lawyers are driven, focused, and relentless in building strong arguments supported by evidence and careful investigation.
Frequently Asked Questions About Hit and Run Accident Claims in NYC
Can I sue for a hit and run if the driver is never caught?
Yes. You may bring a claim through your uninsured motorist coverage or seek help from the Crime Victims Compensation Program.
Will my insurance rates go up after a hit and run accident?
Your rates may not increase if you weren’t at fault, but policies differ. Reviewing your coverage with an attorney can help clarify this.
What if I was partially at fault for the accident before the other driver fled?
New York follows comparative negligence rules. You may still recover damages, but your award could be reduced based on your share of responsibility.
How much does it cost to hire a hit and run accident lawyer?
Most lawyers, including The Perecman Firm, work on a contingency fee basis. That means you don’t pay upfront and legal fees come from any recovery.
Can I still recover compensation if I didn't get the license plate number?
Yes. Other evidence like witness testimony, camera footage, or proof of damage can support your case even without a plate number.
Contact Our Hit and Run Accident Attorneys in NYC Now
Hit and run cases require quick action to preserve evidence and meet legal deadlines. The Perecman Firm has decades of experience handling injury claims across New York City, and we’re ready to review your situation. Don’t wait until time limits or missing evidence weaken your case. Call (212) 977-7033 now for a free, no-obligation consultation.