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New York Hit and Run Lawyer


For over 50 years, our knowledgeable and compassionate attorneys have been successfully managing personal injury claims, including hit and run accidents. Our team will fight on your behalf to pursue fair compensation for your injuries, while handling your case with the utmost consideration and care. 

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If you were injured in a hit and run accident, our attorneys at Spar & Bernstein will review the details of your case and determine the best path forward to help you collect compensation for your injuries. 

With extensive experience and knowledge in personal injury law, no one will fight harder for your case than our team. 


This kind of accident occurs when a person, motor vehicle or object are hit by another vehicle and the at-fault party leaves the scene of the accident without stopping to identify themselves and provide their insurance and contact information. 


New York Statute Of Limitations

According to the statute of limitations, you have three years (3) to submit a claim following a hit and run accident. The court is likely to dismiss your claim if the statute of limitations has passed. 

To file a wrongful death lawsuit, you have two (2) years to submit your claim. 

No-Fault Law  

The New York No-Fault Law states that any injured party in a motor vehicle accident is eligible to receive compensation of up to $50,000 for medical costs, lost earnings, and other injury-related costs, regardless of who was responsible for the accident. 

MVAIC Statute Of Limitations For Hit And Run Accidents 

According to the Motor Vehicle Accident Indemnification Corporation (MVAIC) statute of limitations, you have 90 days following a accident to file a Notice of Intention. 

Vehicle and Traffic Law – VAT § 600-1a 

This law states that after an accident involving only property damage and no injuries, the driver of the motor vehicle must provide their license and insurance information to the person who suffered the property damage.  

If the person whose property was damaged is not present, the at-fault driver must report the incident to a judicial officer or at the nearest police station. 

Vehicle and Traffic Law – VAT § 600-1b

This part of the law states that after accident in which injuries are sustained, the driver of the motor vehicle must exchange their license and insurance information with the other parties involved in the accident, in addition to a police officer who is present at the accident scene.  

If a police officer is not present, the driver must visit the nearest police station to report the incident. 

New York Insurance Law § 5217 

This law states that your uninsured motorist coverage is valid if your injuries occurred as a result of “physical contact” with the hit and run driver’s vehicle. 


In addition to the driver who left the accident scene, you can also hold other parties responsible for your injuries and damages, if they contributed to the accident. These parties may include: 

  • Other drivers, cyclists or pedestrians 
  • Employers of negligent parties 
  • Government agencies 
  • Transit companies 


New York is a no-fault state, which means your medical bills, lost wages and other accident-related costs will be covered by your Personal Injury Protection (PIP) policy. 

If your PIP is not enough to cover your medical and hospital costs, the extra amount may be covered by your mandatory uninsured motorist coverage, which applies in these situations. 

If you or a person in your household suffered injuries in accident, but you do not have auto or household insurance, you can seek compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This company helps drivers, pedestrians and cyclists hit by uninsured drivers obtain no-fault benefits up to $50,000. 

You may also file a claim against other parties that contributed to your injuries. For example, you can file a claim against a car manufacturer if your airbag did not open in the accident. 

The types of damages you can claim after a accident are: 

  • Economic, such as medical and hospital expenses, future costs of medical care, lost earnings, property damage or household expenses related to the accident 
  • Non-economic, such as pain and suffering, mental anguish, and loss of enjoyment of life 

Our tenacious lawyers at Spar & Bernstein will help you collect the evidence to support your claim and seek to negotiate maximum compensation for your injuries. 

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Why Do Drivers Leave The Scene Of The Accident?

Drivers run from the scene of the accident due to various reasons, including: 

  • Driving without a drivers’ license 
  • Panicking 
  • Not realizing an accident occurred 
  • Lack of auto insurance 
  • Driving under the influence of drugs or alcohol  
  • Having outstanding warrants 

Is Leaving The Scene Of The Accident A Crime In New York?

Leaving the scene of an accident where injuries occurred is considered a crime in New York, and can result in up to one year of jail time. 

Leaving the scene of an accident where serious injuries or death occurred is a felony that can result in a sentence of up to 7 years. 

What Are The Consequences Of Leaving The Scene Of An Accident In New York?

If a driver flees from the scene of an accident, they may face: 

  • A fine of up to $250, if there is property damage only and there are no injuries 
  • A fine between $250 and $5,000 if injuries occurred, depending on the severity 
  • A surcharge between $88 and $93 if there are minor injuries or no injuries 
  • A license revocation for a period up to one year 
  • A permanent criminal record if convicted 
  • Up to one year of jail time if there were no injuries or minor injuries 
  • A sentence of up to 7 years if there were severe injuries or death 

Is It Mandatory To Call The Police After An Accident With No Injuries?

No, you do not need to call the police if there is an accident and no one is injured. You must, however: 

  • Exchange your insurance and contact information with the other drivers, cyclists or pedestrians involved in the accident 
  • File an accident report with the New York Department of Motor Vehicles (DMV) by submitting Form MV-104, if the property damage exceeds $1,000 

How Fast Do I Need To Report A Hit And Run An Accident To The Police?

You must report an accident with no injuries to the police within 10 days after the accident. 

If there are injuries, you must call the police immediately and file an accident report. 

How Fast Do I Need To File A Claim With My Insurance Company After A Hit And Run Accident?

If you were injured in a hit and run accident, you have 30 days to submit a claim with your insurance company. If you miss this deadline, your claim is likely to be waived. 

Who Will Pay For My Medical Bills After A Hit And Run Accident?

After an accident, your medical expenses will be covered by your auto insurance company. 

What Are The Most Common Injuries In A Hit-And Run Accident?

The most common injuries in a hit and run accident include: 

  • Fractures 
  • Disfigurement 
  • Back and neck injuries 
  • Internal bleeding 
  • Damage to internal organs 
  • Traumatic brain injury 
  • Spinal cord damage 
  • Paralysis 
  • Loss of limbs 

How Long Will It Take For Police To Investigate A Hit And Run Accident In New York?

The length of the investigation process depends on a number of factors, such as: 

  • Eyewitnesses who can testify about the accident 
  • Traffic or business building cameras that may have captured the accident 

What Happens If The Hit And Run Driver Is Accused Of A Crime?

If the driver is found by the police and accused of breaking the state’s hit and run law, you can still file a personal injury case.  

Criminal and civil trials are distinct from one another. Though both can move forward simultaneously, civil cases are frequently placed on hold while a linked criminal case proceeds. This usually happens so that driver can concentrate on fighting against criminal charges, which are typically more serious. 

How Can Lawyers At Spar & Bernstein Help Me After An Accident?

Our experienced personal injury lawyers at Spar & Bernstein will:  

  • Investigate the hit and run accident 
  • Prove liability 
  • Gather evidence and talk to witnesses  
  • Secure a copy of the accident report 
  • Determine the compensation you can claim  
  • Handle all paperwork 
  • Negotiate fair compensation 
  • Represent you in court, if needed 

Contact us for a free initial consultation! 

Can I Seek Compensation For My Injuries After A Hit And Run Accident If I Cannot Afford A Lawyer?

At Spar & Bernstein, we never collect payment for a personal injury case in advance. Only after reaching a successful outcome in your case do we collect a small percentage of the negotiated compensation. 

Are Hit And Run Accidents Common In New York?

In New York, hit and run accidents are common. In 2020, there were 39,299 complaints made about people leaving the scene of an accident without reporting any injuries or property damage, across the state.  

In 2020, there were 64 accidents involving critical injuries, while in 2021, this number increased to 93. 

For the first six months of 2022, 33 hit and run accidents resulted in critical injuries. 

These numbers show that sustaining critical injuries in this accident is more common than we think, which makes it crucial to be represented by an experienced personal injury lawyer. 

What Should I Do After A Hit And Run Accident In New York?

After a hit and run accident: 

  • Stay at the accident scene until police arrive, unless your condition requires transportation to the hospital 
  • If possible, move your vehicle to the side of the road so that it does not stand in the way of other vehicles 
  • Never admit fault 
  • If possible, write down the driver’s license plate number, the car’s make and model, the time and location of the accident and the direction into which the hit and run driver headed, along with any physical characteristics of the driver you may have noticed 
  • If there are injured people, call 911 
  • If there are no injured people, contact the police to report the accident 
  • Take pictures and videos of the accident scene, your injuries and car damage 
  • Gather contact information from accident witnesses  
  • Contact your insurance company 
  • File an accident report with the DMV within 10 days after the accident, if the property damage is over $1,000 
  • Contact an experienced lawyer 

What Are The Most Common Mistakes After a Hit And Run Accident?

The most common mistakes after a hit and run accident include:

  • Following the hit and run driver
  • Failure to submit an accident report to the police
  • Failure to inform your insurance company of the accident
  • Failure to seek medical attention and assuming your condition will improve
  • Assuming the insurance company will offer you fair compensation
  • Failure to hire a knowledgeable hit and run lawyer
Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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