Hit and Run Accidents in New York State: Your Rights, Responsibilities, and Legal Options

Being in a car accident is scary. But when the other driver takes off and leaves you behind, it can feel even worse. These accidents are called “hit-and-runs.” In New York State, there are rules to protect people who are hurt or have their property damaged in these crashes. This article will help you understand what to do if you’re ever in a hit-and-run accident, what the law says, and how the law firm of Harding Mazzotti, LLP can help you.

What Is a Hit-and-Run Accident?

A hit-and-run happens when a driver crashes into another car, person, or property and then leaves the scene without stopping. The driver doesn’t give their name, insurance, or help the injured person. In New York, this is against the law.

New York law says that if you’re in an accident, you must stop and give your name, address, and insurance information. If someone is hurt, you also have to help them get medical care. If you leave the scene and don’t do these things, you’re breaking the law and can face serious punishment.

Why Do Drivers Leave the Scene?

It’s upsetting to think that someone could cause a crash and then just take off—but sadly, it happens all the time. While every case is different, there are some common reasons why drivers flee the scene of an accident. Understanding these reasons can help you make sense of what happened.

Here are some of the most common reasons hit-and-run drivers take off:

• They don’t have a valid license
  Some drivers are behind the wheel even though their license is suspended or expired. They know if the police show up, they’ll get into serious trouble, so they run.
• They don’t have car insurance
  In New York, it’s illegal to drive without insurance. But some people still do it. If they get into a crash, they may panic and flee because they can’t pay for the damage or injuries.
• They’re drunk or high
  Driving under the influence is a crime. A drunk or drug-impaired driver might leave the scene to avoid being arrested for DUI or DWI. In many cases, these drivers turn themselves in later, after they’ve sobered up.
• They’re driving a stolen vehicle
  Sometimes the car used in a hit-and-run wasn’t theirs to begin with. If it was stolen, the person behind the wheel has even more reason to avoid police contact.
• They have warrants or are breaking other laws
  A driver might be running from something else entirely—like unpaid tickets, probation violations, or even unrelated crimes. They don’t want any interaction with law enforcement.
• They’re underage
  Some hit-and-run drivers are teenagers or young adults who don’t want their parents or the police to find out they were driving illegally or irresponsibly.
• They’re afraid of the consequences
  Even someone with a clean record might panic. They may fear a lawsuit, high insurance costs, losing their license, or worse. In the heat of the moment, they make a terrible choice.
• They didn’t realize they caused a crash
  In rare cases—especially in low-speed or minor impacts—a driver might honestly not know they hit someone. But this is uncommon. Most of the time, the driver knows and chooses to run.

No matter the reason, leaving the scene of an accident is a serious crime in New York. It puts victims in danger and makes recovery harder. That’s why the law is designed to protect you—and why it’s so important to talk to a lawyer if you’ve been hurt in a hit-and-run.

What the Law Says About Hit-and-Run Drivers

In New York, the law treats hit-and-runs seriously. The punishment depends on what happened in the crash:

• If there’s only property damage (like a dented car or broken fence), leaving the scene can lead to a fine and even jail time.
• If someone is injured, it becomes more serious. The driver who leaves can be charged with a crime and face larger fines and jail time.
• If someone is badly hurt or dies, the driver who fled can face felony charges. This can lead to years in prison and thousands of dollars in fines.

The law is strict because leaving someone hurt without help can make their injuries worse or result in death. It’s also unfair to the person who now has to deal with damage and medical bills alone.

What To Do After a Hit-and-Run Accident

If you’re ever in a hit-and-run accident, try to stay calm. What you do right after the crash can make a big difference. Here are the steps to take:

1. Get to Safety
   Remove yourself from harm’s way immediately, if possible. If you were struck by a vehicle in a crosswalk while biking or walking, you should move to a safe place nearby to wait for police and medical professionals to arrive. Do not attempt to chase down the negligent driver.

2. Call 911
   This is the most important step. Tell the police what happened and ask for medical help if you or anyone else is hurt. A police report will be very helpful later when you talk to insurance companies or go to court.

3. Get Information
   Try to remember as much as you can about the vehicle that hit you. Write down or otherwise note:

• The color, make, and model of the car
• Any part of the license plate you saw
• What the driver looked like
• Which way the car went after the crashIf anyone saw the accident, ask for their name and phone number. Witnesses can often help the police find the other driver.

4. Take Pictures
   If you’re able to do so safely, take photos of the damage to your car, yourself, the area around you, and anything else that helps show what happened. Photos are often the strongest proof.

5. Go to a Doctor
   Even if you feel okay, it’s smart to see a doctor. Some injuries, like whiplash or internal bleeding, might not show up right away. A doctor visit also creates a medical record, which helps tremendously with your case. Make sure to tell your doctor about any symptoms you suffer. The insurance company will use any delay against you by, for example, claiming that your symptoms were caused by something that happened to you after the accident.

6. Talk to a Lawyer
   A hit-and-run accident can get complicated fast. A lawyer can help make sure you get the money you need to fix your car, pay for medical care, and make up for lost time and wages at work.

7. Call Your Insurance Company
   Tell your insurance company about the accident as soon as you can. They will want to see the police report and any photos you took.

How Insurance Works in a Hit-and-Run

New York is a “no-fault” state. That means your own car insurance pays for your medical bills and lost income, no matter who caused the accident. This is called Personal Injury Protection, or PIP.

But what if the damage is serious? What if you need more help than PIP covers? That’s where other parts of your insurance may come in:

• Uninsured Motorist (UM) Coverage: This helps pay for your injuries if the driver who hit you doesn’t have insurance or can’t be found. It’s included in all New York car insurance policies.
• Collision Coverage: This pays to fix your car after a crash, even if the other driver is unknown. Not everyone has this coverage—it’s optional.

The more details you can provide, the better. That’s why calling the police and collecting evidence is so important.

What If You Were Walking or Biking?

If you were a pedestrian or riding a bike when a hit-and-run driver hit you, the law still protects you. In New York, medical costs for injuries in car accidents—including hit-and-runs—are usually paid through something called no-fault insurance. This applies even if you weren’t in a car.

Here’s how it works:

• If the car that hit you is found, their insurance should cover your medical bills through their no-fault policy.
• If the driver isn’t found, you can still get help. You may be covered through your own auto insurance policy, even if your car wasn’t involved. Your Uninsured Motorist (UM) coverage might apply.
• If you don’t have car insurance, you may qualify for help through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC). This is a state program that helps victims of hit-and-run accidents pay for medical care and other costs when no insurance is available.

To qualify for MVAIC, you must report the accident to the police within 24 hours and file a claim quickly. A lawyer can help you meet all the deadlines and paperwork requirements.

Medical bills after a hit-and-run can pile up fast—but you have options. Don’t assume you have to pay out-of-pocket.

Hit-and-Run Case Challenges

Hit-and-run cases can be challenging because:

• The driver is unknown: If the person who hit you isn’t found, you can’t hold them responsible in court.
• Insurance companies may not want to pay: They might argue about how the accident happened or say your coverage doesn’t apply.
• You might not know your rights: Without help, you could miss out on money that should be yours.

That’s why having a lawyer on your side is so helpful. A good lawyer knows the law, deals with the insurance companies for you, and fights to get you what you deserve.

Can You Sue Someone Besides the Driver?

Yes, sometimes you can. Even if the driver who hit you can’t be found, there may still be other people or businesses that are partly responsible for what happened. These are called “third parties.”

For example:

• If the hit-and-run driver was driving a company vehicle, the company might be held responsible.
• If the accident happened because of a broken traffic light or dangerous road, the city or town might be partly at fault.
• If a bar or restaurant served alcohol to the driver when they were already drunk, and then they caused the crash, that business could be held responsible under New York’s “dram shop” laws.

These types of cases can be complex, but they can also help you get the money you need when the driver disappears or doesn’t have insurance. A personal injury lawyer can look at all the facts and find out if a third party can be sued in your case.

How Harding Mazzotti, LLP Can Help

At Harding Mazzotti, LLP, we know how stressful and painful a hit-and-run accident can be. You didn’t ask for this to happen, and now you have to deal with bills, pain, and worry. That’s not fair—and we’re here to help make it right.

Here’s what we do for you:

• Find the Facts: We investigate the accident, talk to witnesses, check traffic cameras, and work with the police to try to find the driver who hit you.
• Handle the Insurance: We talk to your insurance company so you don’t have to. We make sure they treat you fairly and pay what they owe.
• Go to Court if Needed: If your case needs to go to court, we’re ready. We fight for you every step of the way.

We offer free consultations, so it costs nothing to talk to us about your case. And with our No Fee Policy, we don’t get paid unless you do. That means our only goal is to help you win.

Don’t Wait—Get Help Today

Time matters in hit-and-run cases. The sooner you call us, the better chance we have of helping you. There are time limits on filing insurance claims and lawsuits. If you wait too long, you could lose your right to get paid.

If you or someone you love has been hurt in a hit-and-run accident in New York, call Harding Mazzotti, LLP today. We know the law, we care about our clients, and we have decades of experience in hit-and-run cases. We’re ready to stand up for you.

Harding Mazzotti, LLP — Helping You Get the Justice You Deserve.

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