Accidents move fast. This guide doesn't. Every step below is attorney-reviewed and specific to New York City, New York law — so you don't miss what matters.
If a hit-and-run driver fled the scene in NYC, you have two potential recovery paths:
1. If you have NY auto insurance: File a no-fault PIP claim (NF-2 within 30 days) and an uninsured motorist (UM) claim with your own insurer.
2. If 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.
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Your Hit-and-Run Accidents
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With 95,000 crashes per year across five boroughs, hit-and-run incidents are a daily occurrence in New York City. NYPD data consistently shows Brooklyn and Queens as the highest-volume boroughs for hit-and-run collisions. If the at-fault driver fled and was never identified, New York has a unique backstop: the Motor Vehicle Accident Indemnification Corporation (MVAIC), which compensates victims of unidentified drivers up to $50,000 — but only if strict filing deadlines are met.
Why This Matters — And What Insurers Won't Tell You
MVAIC is New York's unique safety net for hit-and-run victims — but it has strict eligibility rules and filing deadlines that are easy to miss. You must file a Notice of Intention with MVAIC within 90 days of the accident. You must have filed a police report. You must not be covered by another policy that already provides uninsured motorist benefits. MVAIC pays up to $50,000 per person — the same limit as standard no-fault PIP — but you can also pursue MVAIC for pain and suffering if your injuries meet the serious injury threshold.
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
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Check My Eligibility →What To Do Next
- 1
Call 911 immediately. An NYPD report is mandatory for a MVAIC claim — without it, MVAIC will deny your application. Get the report number from the responding officer.
- 2
Try to get the license plate, even a partial plate. Witnesses, nearby businesses with CCTV cameras, and NYC's extensive traffic camera network can sometimes identify a fleeing vehicle from a partial description. Tell NYPD everything you observed.
- 3
File NF-2 with your own insurer within 30 days if you have auto insurance. If you don't have auto insurance, file a MVAIC Notice of Intention within 90 days.
- 4
Contact an attorney within the first week. MVAIC claims are denied for procedural errors far more often than on the merits. An attorney handles the filing and documentation.
How We Match You with a Verified Firm
Not all law firms are qualified to handle serious injury cases. As shown in our qualification pipeline below, CaseCompass strictly filters incoming cases to ensure you are connected exclusively with a highly-vetted, specialized verified partner firm capable of taking your case to trial if an insurance company refuses to settle fairly.
How much is your case worth in New York?
Statewide settlement data by injury type, verified by David H. Perecman, J.D..
| Metric | Value | Source |
|---|---|---|
| MVAIC Notice of Intention deadline | 90 days from accident | [NY Insurance Law § 5218](https://www.nysenate.gov/legislation/laws/ISC/5218) |
| MVAIC maximum benefit | $50,000 per person | [NY Insurance Law § 5204](https://www.nysenate.gov/legislation/laws/ISC/5204) |
| Hit-and-run criminal penalty (personal injury) | Class D felony under VTL § 600(2) | [VTL § 600](https://www.nysenate.gov/legislation/laws/VAT/600) |
| NF-2 filing deadline (insured victims) | 30 days from accident | [NY Insurance Law § 5106](https://www.nysenate.gov/legislation/laws/ISC/5106) |
| NY statute of limitations | 3 years (CPLR § 214) | [CPLR § 214](https://www.nysenate.gov/legislation/laws/CVP/214) |
Common Mistakes to Avoid
- 1
Mistake #1: Failing to file an NYPD report before pursuing MVAIC. MVAIC requires a police report filed promptly after the incident. Waiting more than a few days
or not calling 911 at the scene — can invalidate your MVAIC claim entirely.
- 2
Mistake #2: Missing the 90-day MVAIC Notice of Intention deadline. Unlike the 3-year lawsuit deadline, the MVAIC notice deadline is 90 days. This is absolute. Courts do not extend it for victims who didn't know about MVAIC.
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More Help
How to Choose the Right Lawyer
OCA registration verification, consultation questions, red flags, and contingency fee structures under 22 NYCRR § 691.20 and § 603.7.
How to Get Your Accident Report
Step-by-step guide to requesting your New York crash report from GSP or the GSCCCA crash portal.
Find a Trusted Auto Body Shop
Vetted collision repair shops in New York City — insurance-approved and independently rated.
Lowball Settlement Offers
How to detect and counter a lowball insurance offer after your accident in New York.
Insurance Claim Denied?
Steps to take when your insurer denies or undervalues your claim — including NY Insurance Law § 5106 bad faith.
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.
Sources & Citations
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