New York Hit-and-Run
If you’re the victim of a hit-and-run in New York, promptly report the crime to police and file an insurance claim as soon as you can.
In
New York State
, a hit-and-run can be deemed either a misdemeanor or a felony, carrying fines of up to $2,500 and prison sentences of up to seven years.- After a car accident, drivers in New York are required to stop and exchange contact and insurance information with any other drivers involved.
- Failing to stop and fleeing the scene of a car accident in New York can result in either a hit-and-run misdemeanor or a felony.
- You can face prison time if you flee the scene of an accident that involves property damage, serious injuries, or death.
- If you are charged for a hit-and-run, your car insurance premiums will increase significantly.
- After a car accident, drivers in New York are required to stop and exchange contact and insurance information with any other drivers involved.
- Failing to stop and fleeing the scene of a car accident in New York can result in either a hit-and-run misdemeanor or a felony.
- You can face prison time if you flee the scene of an accident that involves property damage, serious injuries, or death.
- If you are charged for a hit-and-run, your car insurance premiums will increase significantly.
What is a hit-and-run?
A hit-and-run is a traffic accident where a driver fails to stop after the fact.
Under Sections VLT 600-1a and VLT 600-2a of New York’s Vehicle & Traffic Law, all drivers are required to stop after hitting another vehicle or property and to exchange personal and insurance information with any other drivers involved in case the other drivers want to pursue a claim.
Here’s a rundown of the law:
- VLT 600-1a: If there is only property damage and no injuries following an accident in New York, you must share yourdriver’s licenseand car insurance information with the other drivers involved. A police report is not necessary unless there appears to be at least $1,000 worth of damage.
- VLT 600-2a: If an accident involves injuries, a police report is necessary. Contact information and insurance details must also be shared, no matter who is considered at fault.
Leaving the scene of an accident is absolutely out of the question. Even if you didn’t cause the accident, you can be charged with a hit-and-run if you leave the scene. Always remain on scene and exchange information with the other driver and wait for police or help to arrive.
What happens if you commit a hit-and-run in New York?
If you find yourself in the unfortunate situation of being involved in a traffic accident, do not leave the scene.
Panicking is normal, but as a driver you have a responsibility to exchange personal and insurance information with any other drivers involved, not to mention ensuring everyone involved is ok. Leaving the scene of an accident can result in serious legal penalties.
Is a hit-and-run a felony in New York?
In New York, a hit-and-run is either a traffic violation, misdemeanor, or a felony, depending on the circumstances of the accident:
- If you fail to share information or leave the scene where property damage occurs but there are no injuries, the hit-and-run will be considered a traffic violation.
- If you fail to share information or leave the scene when an injury occurs, the hit-and-run will be deemed a misdemeanor.
- If a serious injury is involved, it will be classified as a Class E Felony.
- If a death results, a hit-and-run is classified as a Class D Felony.
What is the punishment for a hit-and-run in New York?
Whether you live in the Bronx or NYC, punishment for hit-and-run incidents in New York depends on the circumstances and whether injuries are involved.
If a hit-and-run results in only property damage, you could face a fine of up to $250 and up to 15 days in prison. If an injury or death results, you can face fines of up to $2,500 and up to seven years in prison.
Here’s how punishments for a hit-and-run in New York State are broken down:
Result of accident | Jail time | Fines |
|---|---|---|
Property damage only | Up to 15 days in jail | Fine up to $250 |
Serious injury (loss or permanent impairment of a body part or limb) | Up to 4 years in jail | Fine from $1,000 to $2,500 |
Death | Up to 7 years in jail | Fine from $1,000 to $2,500 |
How to avoid a hit-and-run charge
If you’re involved in a collision, you are required by law to do the following:
- Stop and determine any damage or injuries
- Share your contact and insurance information with any other drivers involved
- Call the police or 911 if there are any injuries or fatalities involved or if there is damage totaling more than $1,000
You’ll also need to keep the following points in mind:
- If there is property damage only: Exchange contact, insurance, andvehicle registrationinformation with the other drivers involved.
- If you hit a parked vehicle, inflict other property damage, or injure a domestic animal: If the owner of the vehicle or property is unable to be located, call the police.
- If there is property damage over $1,000: Notify the police. All of the drivers must file aReport of Motor Vehicle Accidentwith New York’s DMV.
- If there is an injury or death: Notify the police immediately and file aReport of Motor Vehicle Accidentwith the DMV.
What should I do if I experience a hit-and-run in New York?
If you’re involved in a New York vehicle collision, try to stay calm and gather as much information as possible. Report the incident as soon as possible or within 10 days, and make sure not to impede police or emergency services.
At the scene: what comes next
Whatever you do, do not follow the other car. Make sure you and your passengers are safe and unhurt. If there are any injuries, call 911.
Try to note the following information or as much of it as you can:
- Circumstances of the collision
- The fleeing driver’s appearance
- The direction the fleeing car was heading in
- Any unique identifying characteristics of the fleeing car (scratches, dents, bumper stickers, window tinting, etc)
- Contact information from nearby witnesses who may be able to support your report.
If there are witnesses, talk to them and get their contact information. Take stock of the scene and see if you can tell the paint color of the car, or glean any other information about the vehicle that fled the scene. If you can, take photos of the crash site.
After you leave the scene: reporting a hit-and-run in New York
Do your due diligence and ensure the responding local police officer filed an accident report of the hit-and-run case. This can help find the driver that fled the scene, as well as provide corroborating evidence for your insurance claim.
Time limits for
filing hit-and-run reports
: You’ll need to report a hit-and-run within 10 days of its occurrence In New York. You can file an insurance claim within two years of a collision if an injury was sustained, or within three years for property damage.Additionally, it may be wise to contact a car accident lawyer. An experienced attorney can investigate the accident and help you recover compensation.
You can claim damages from your insurance provider after a hit-and-run
If the driver can be identified, their liability coverage should cover any of your damages and your insurance company will handle your claim normally.
Without any information on the driver, filing a claim will be more difficult. If you only have liability auto insurance, you’ll be on your own. But you may be covered if you carry any of the following on your car insurance policy:
What insurance covers a hit-and-run?
Insurance type | Will it cover a hit-and-run? | What you need to know |
|---|---|---|
Collision coverage | Yes | You may be required to pay the deductible first |
Uninsured motorist coverage | Maybe | Ask your insurance provider if your policy covers hit-and-runs |
Medical payments (MedPay) coverage | Yes | Only covers what health insurance won’t. You may need to pay the deductible |
Personal injury protection (PIP) | Yes | PIP may also cover lost wages and other expenses related to a collision |
FAQ
Will a hit-and-run affect my insurance?
If you’re the victim of a hit-and-run crash, your car insurance premium is unlikely to be increased. However, if you cause a hit-and-run, your premium will be increased significantly.
Do I need a lawyer if I’ve committed a hit-and-run?
If you are a hit-and-run driver, consulting with a lawyer is a very good idea. Hit-and-run accidents incur very steep penalties—especially if you are hit with a criminal charge—and you may be hit with a personal injury lawsuit if the other driver decides to sue you for damages.
It’s best to seek the legal advice of a car accident attorney from a reputable law firm who can help you navigate your charges, avoid steep penalties or a felony on your criminal record, and defend you against the other driver’s personal injury lawyer.
What if the other driver gives me false information after an accident in New York?
If you are involved in an accident in New York and the other driver gives you false information, they are committing a hit-and-run and they may receive a citation for a traffic violation. To avoid receiving fake information from another driver, ask to see their driver’s license, registration, and car insurance card.
How can I lower the penalties from a hit-and-run charge in New York?
Following a hit-and-run accident, you may be able to lower the associated penalties by taking a DMV-approved
defensive driving course
. New York’s Point and Insurance Reduction Program (PIRP) allows drivers to take a comprehensive course that can reduce the points on their driving record
. A defensive driving course may also help to lower your car insurance rates after a hit-and-run.How long do I have to report a hit-and-run in New York?
You have 10 days to file a report with the New York Department of Motor Vehicles (DMV) if you were involved in a hit-and-run accident that results in more than $1,000 worth of property damage.
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