What Happens If the At-Fault Driver Leaves the Scene?
A car accident is unsettling under any circumstances. But when the at-fault driver leaves the scene, the situation becomes even more stressful. Hit and run accidents are unfortunately common in New York and can leave victims struggling to pay medical expenses, repair vehicle damage, and pursue compensation—often without knowing who the other driver was.
Leaving the scene of an accident is illegal in every state. In New York, the consequences for the fleeing driver can include criminal charges, civil penalties, and loss of driving privileges. For the victim, understanding your rights, insurance options, and legal remedies is essential to moving forward.
What Is Considered a Hit and Run?
A hit and run occurs when a driver involved in a car crash fails to stop at the accident scene. This includes situations where the other party:
- Fails to exchange contact and insurance information
- Drives off without checking for injuries or damage
- Leaves the scene of an accident involving a parked car or property
- Flees after causing injuries or serious vehicle damage
Hit and run incidents can happen anywhere—from busy intersections to quiet residential streets. Whether the collision involves another motor vehicle, a pedestrian, or parked property, the fleeing driver is breaking the law.
Legal Consequences for the At-Fault Driver
Drivers who leave the accident scene may face serious consequences, including:
- Criminal charges, including misdemeanors or felonies depending on the severity of the accident
- Jail time or fines
- Suspension or revocation of a driver’s license
- Points added to the driving record
- Civil lawsuits for personal injury or property damage
- Administrative penalties from the Department of Motor Vehicles
In hit and run cases involving serious injuries or fatalities, the at-fault party may face prison time and significant financial liability.
What Victims Should Do After a Hit and Run
If you are the victim of a hit and run, taking the right steps immediately can help protect your safety and strengthen your case:
- Call the police and file a police report
- Seek medical attention, even if injuries seem minor
- Document the accident scene with photos and videos
- Write down everything you remember about the fleeing vehicle, such as the license plate number, make, model, or color
- Collect witness statements, if available
- Notify your insurance company about the incident
- Contact a car accident lawyer for guidance on your legal options
Even if the other driver isn’t identified, there are ways to pursue compensation through your insurance policy.
Insurance Coverage Options After a Hit and Run
In many cases, your own auto insurance policy can provide financial relief. Coverage options may include:
- Uninsured motorist coverage, which may pay for medical expenses and vehicle damage when the at-fault driver is unidentified
- Collision coverage, which can help cover repairs to your vehicle regardless of who caused the accident
- Medical payments or personal injury protection (PIP), which cover medical costs and lost wages after a car accident
- Property damage coverage for damage to your car or other personal property
It’s important to review your insurance policy and speak with your provider to understand what coverage applies in your situation.
Can You Still Recover Compensation?
Yes. Even if the hit and run driver is never identified, you may be able to recover compensation through:
- Uninsured motorist claims
- Personal injury protection (PIP) benefits
- Collision coverage for property damage
- A civil lawsuit against the at-fault party if they are later located
- Assistance from a car accident lawyer to explore all available legal options
Recovering compensation may include medical bills, lost wages, pain and suffering, and other losses related to the accident.
Why Legal Guidance Matters in Hit and Run Cases
Navigating a hit and run claim can be especially difficult. Insurance companies may question the details of the crash or delay payments without full documentation. A car accident lawyer can help:
- Guide you through the insurance claims process
- Work with investigators to identify the fleeing driver
- Handle communications with your insurance company
- Help you file a personal injury lawsuit if appropriate
- Ensure your rights are protected throughout the legal process
An attorney may also help secure compensation for emotional distress or punitive damages if the driver is found and proven to have acted recklessly.
Learn more about what happens if the at-fault driver leaves the scene. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQ: Hit and Run Accidents in New York
What should I do if I was injured in a hit and run accident?
Call the police, seek medical attention, and document the scene. Provide as much information as possible about the fleeing vehicle and notify your insurance company.
Can I still get compensation if the other driver isn’t found?
Yes. You may file an uninsured motorist claim or use collision and PIP coverage under your own policy to cover medical and property damages.
Is leaving the scene of an accident a felony in New York?
It can be. If the accident involved serious injury or death, the fleeing driver may face felony charges and other legal consequences.
Will my insurance rates increase after a hit and run?
Possibly. Although you’re not at fault, your insurer may still raise your rates depending on the claim type and your policy terms.
Can I sue the driver if they are later identified?
Yes. You may file a personal injury lawsuit or a claim for property damage, and pursue compensation for medical expenses, lost wages, and more.