This guide applies to New York State law. MVAIC is a NY-specific fund; other states have different uninsured motorist systems.
If a hit-and-run driver fled the scene in NYC, you have two potential recovery paths:
- 1If you have NY auto insurance: Open a no-fault PIP claim by giving your insurer written notice within 30 days (Form NF-2 is the standard way), and an uninsured motorist (UM) claim with your own insurer.
- 2If you have no auto insurance: File a MVAIC claim: New York's fund for victims of unidentified or uninsured drivers. MVAIC deadline: 90 days from the accident to file a Notice of Intention.
VTL § 600 requires any driver involved in an accident to stop, exchange information, and render reasonable assistance. Leaving the scene is a criminal offense, a Class B misdemeanor for property damage, a Class D felony for personal injury.
Quick Answer · Source Index2§ 2 LAWclaim-level sources
NY Insurance Law Art. 52: MVAICNY Insurance Law Art. 52: MVAIC✓ Official (source-only)
VTL § 600: Leaving Scene of AccidentVTL § 600: Leaving Scene of Accident✓ Official (source-only)
Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to New York City, New York law, and written in plain language instead of legal jargon, with each answer linked to its source, so you don't miss what matters.
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Right now · first hours
At the scene
Medical first. Concussion/TBI and internal injuries can surface hours later. A worsening headache, confusion, repeated vomiting, or numbness means emergency care now (CDC head-injury danger signs).
- 1
Call 911 immediately. An NYPD report is mandatory for a MVAIC claim; without it, MVAIC denies the application. Get the report number from the responding officer.
- 2
Capture whatever you can about the fleeing vehicle, even a partial plate. Tell NYPD everything: witnesses, nearby businesses with CCTV, and NYC's traffic camera network can sometimes identify the vehicle.
Do not
- ✕Leave the scene before NYPD arrives. The police report is the gateway to every recovery path you have.
- ✕Assume there is no recovery because the driver was never found. New York has a dedicated fund for exactly this situation.
First 72 hours
Report & preserve evidence
Hit-and-run recovery in New York runs on two tracks, and which one applies depends on whether you carry auto insurance. Both have deadlines far shorter than the 3-year lawsuit window.
- If you have NY auto insurance: give your insurer written notice within 30 days (Form NF-2 is the standard way) and open an uninsured motorist (UM) claim with your own insurer.
- If you have no auto insurance: file a MVAIC Notice of Intention within 90 days. MVAIC is New York's fund for victims of unidentified or uninsured drivers.
- Get an attorney involved in the first week. MVAIC claims are denied for procedural errors far more often than on the merits.
Why a hit-and-run is different
New York has a backstop most states lack, but it comes with strict eligibility rules and short deadlines:
- UM coverage comes first. If your own policy includes uninsured motorist coverage, it takes precedence over MVAIC and often carries higher limits.
- MVAIC (NY Insurance Law Art. 52) pays up to $50,000 and can also cover pain and suffering if your injuries meet the serious-injury threshold. It requires an NYPD report and a 90-day Notice of Intention.
- Leaving the scene is a crime. VTL § 600 makes fleeing a personal-injury crash a Class D felony, and the criminal investigation can surface the driver.
MVAIC covers hit-and-run victims without auto insurance up to $50,000 in no-fault benefits, but only with a 90-day Notice filing and NYPD report.
MVAIC also covers accidents with uninsured (not just unidentified) drivers. If the at-fault driver is identified and insured, your UM coverage or their liability policy takes precedence over MVAIC.
Source: NY Insurance Law Art. 52: Motor Vehicle Accident Indemnification Corporation
Legal detailsKey numbers for this case typeMVAIC deadlines and limits, the criminal penalty for fleeing, and New York filing deadlines, with sources.▼
| Metric | Value | Source |
|---|---|---|
| MVAIC notice deadline (unidentified vehicle) | 90 days from accident | statuteNY Insurance Law § 5208 |
| MVAIC no-fault benefit (basic economic loss) | $50,000 per person | statuteNY Insurance Law § 5221 |
| Hit-and-run criminal penalty | Class A misdemeanor (injury); class E felony (serious injury); class D felony (death) | statuteVTL § 600(2) |
| No-fault written notice, Form NF-2 (insured victims) | 30 days from accident | statute11 NYCRR § 65-1.1 (Reg 68) |
| NY statute of limitations | 3 years (CPLR § 214) | statuteCPLR § 214 |
First 2 weeks · before you sign
Protect the claim before you sign anything
- Keep proof of your insurance status (or lack of it). MVAIC eligibility depends on no other policy covering you.
- Document the search for the driver: the NYPD report number, witness statements, and any camera canvass. This record supports both UM and MVAIC claims.
A quick settlement offer is information to weigh against your full and future costs, not something this page can tell you to accept or reject. When the stakes are unclear, that is a good moment for a licensed attorney.
Local resources (New York City)
Get your crash report
NYPD responds to injury crashes and files an MV-104P report. Download it at collisionreport.nypdonline.org after about 7 business days, or request older reports from the NY DMV with form MV-198C.
Checked as of Jun 2026Tow & impound
If NYPD ordered the tow, call 311 or check nyc.gov to locate the borough tow pound holding your vehicle. Bring ID, proof of ownership, and insurance. Daily storage fees add up.
Checked as of Jun 2026Body shop
You choose your own repair shop. Under NY Insurance Law § 2610, the insurer cannot require a specific shop. Ask for an itemized estimate and OEM parts.
Checked as of Jun 2026Medical records
Request copies from each provider; you have a right to them. Keep one folder with every bill, scan, and visit summary.
Checked as of Jun 2026Hospitals & emergency contacts
Level I trauma centers (NYC)
Bellevue (Manhattan) · Elmhurst (Queens) · Kings County (Brooklyn) · Lincoln (Bronx). For severe injuries call 911; EMS routes to the nearest trauma center.
Checked as of Jun 2026Police & crash reports
Call 911 for any injury crash; NYPD must respond and file the MV-104P. Non-emergency questions: 311. Always get the report or incident number before leaving the scene.
Checked as of Jun 2026Common mistakes to avoid
- 1
Failing to file an NYPD report before pursuing MVAIC.
- 2
Missing the 90-day MVAIC notice deadline.
Can you handle this yourself?
Do you need a lawyer for this?
When you want a New York attorney
MVAIC and UM claims are denied on procedure far more often than on the merits, and the 90-day notice window closes fast. The partner firm for New York City can take it from here. One firm, credential-checked. No lead auction.
See the partner firm & start a free evaluation →What runs out, and when
- 30 days from the crash for written no-fault notice, usually the Form NF-2 application (11 NYCRR § 65-1.1, Reg 68). A late notice is accepted only with written proof of a clear and reasonable justification, and a late claim can be denied, putting up to $50,000 in PIP benefits at risk. The most urgent New York deadline.
- 3 years from the crash for most New York injury lawsuits (CPLR § 214). Strict.
- 90 days to file a Notice of Claim if a municipal vehicle was involved (MTA bus, NYPD, sanitation truck) under Gen. Mun. Law § 50-e, then 1 year and 90 days to sue under Gen. Mun. Law § 50-i.
- 2 years from the date of death for wrongful death claims (EPTL § 5-4.1), shorter than the 3-year injury deadline.
- 90 days to file a MVAIC Notice of Intention if you have no auto insurance (NY Insurance Law § 5208). Late filing is excused only on narrow statutory grounds, so treat it as firm.
- Exceptions: deadlines for minors can be tolled under CPLR § 208, and government-claim deadlines are almost never extended. Verify your situation.
Frequently Asked Questions
What is MVAIC and how does it help NYC hit-and-run victims?▼
MVAIC (Motor Vehicle Accident Indemnification Corporation) is a New York State fund that compensates victims of unidentified or uninsured drivers when no other insurance coverage is available. It pays up to $50,000 in no-fault benefits and, if your injuries meet the serious injury threshold, can also compensate for pain and suffering. You must file a Notice of Intention within 90 days of the accident and have an NYPD report.
What if I have uninsured motorist (UM) coverage on my own policy?▼
If you have UM coverage, it takes precedence over MVAIC. File a UM claim with your own insurer. UM coverage can pay for both no-fault benefits and pain and suffering, often at higher limits than MVAIC. Check your declarations page for your UM/UIM limits.
How this was sourced
Reviewed by: William K. Mattar, J.D. · NY Bar #2280535 · Data as of: Jul 2026 · Next review: 2026-Q3.
What this does not cover: the facts of your specific crash, or any outcome.
Sources & Citations
This guide applies to New York law only and provides legal information, not legal advice. Laws change and apply differently to each situation. For advice about your case, talk to a licensed New York attorney.
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