A hit and run in NY — leaving the scene of an accident without stopping and exchanging information — can be charged as anything from a traffic infraction to a class D felony. For property damage alone, a first offense carries a fine of up to $250. When another person is injured, the charge jumps to a misdemeanor or felony with jail time. If someone dies, the driver faces up to seven years in prison. A conviction also brings DMV points, mandatory surcharges, and in injury cases, automatic license revocation. Victims have their own path to recovery through no-fault insurance, uninsured motorist coverage, and a civil lawsuit.
What a Driver Must Do After a Crash
Vehicle and Traffic Law Section 600 requires every driver involved in an accident to stop at the scene, regardless of fault or how minor the damage looks. Once stopped, you must show your license and insurance card and give the other party your name, home address, insurance company name, policy number, and coverage dates.1New York State Senate. New York Vehicle and Traffic Law VAT 600 – Leaving Scene of an Incident Without Reporting
If you strike an unattended vehicle or someone else’s property and no one is there, a note alone does not satisfy the statute. You must also report the incident to the nearest police station or judicial officer as soon as you physically can.1New York State Senate. New York Vehicle and Traffic Law VAT 600 – Leaving Scene of an Incident Without Reporting Skipping that step exposes you to the same charges as if you had never stopped.
Separately, any crash that injures someone or causes more than $1,000 in property damage triggers a written report to the DMV on Form MV-104 within 10 days. Failing to file is a misdemeanor on its own and can lead to a license or registration suspension until the report is received.2New York State Senate. New York Vehicle and Traffic Law VAT 605
Penalties for Property-Damage-Only Hit and Run
When nobody is hurt and only property is damaged, a first offense is a traffic infraction. The court can impose a fine of up to $250, up to 15 days in jail, or both.1New York State Senate. New York Vehicle and Traffic Law VAT 600 – Leaving Scene of an Incident Without Reporting It still creates a record that matters if you are ever charged again.
A second property-damage hit and run within 18 months becomes a class B misdemeanor. The fine range rises to $250 through $500 and the maximum jail term climbs to three months.1New York State Senate. New York Vehicle and Traffic Law VAT 600 – Leaving Scene of an Incident Without Reporting Because this is a criminal conviction, it can appear on background checks and affect employment or housing. Courts commonly order restitution to the owner on top of the fine.
Penalties When Someone Is Injured
Everything changes when a person is hurt, even slightly. The standard for “personal injury” under VTL 600(2) is lower than the Penal Law definition of “physical injury,” so any harm to another person can be enough. The prosecution must prove you knew, or had reason to know, that an injury occurred.3New York State Unified Court System. Vehicle and Traffic Law 600(2)(a) – Leaving Scene of an Incident Without Reporting (Personal Injury)
VTL 600(2) separates drivers who stopped but failed to exchange information from those who actually left:
- Stopped but did not share the required information: class B misdemeanor with a $250 to $500 fine.
- Left the scene entirely, first offense: class A misdemeanor with a $750 to $1,000 fine and up to one year in jail.
- Left the scene with a prior VTL 600(2) conviction: class E felony with a $1,000 to $3,000 fine and up to four years in prison.
These fines are in addition to any other penalties the court imposes.1New York State Senate. New York Vehicle and Traffic Law VAT 600 – Leaving Scene of an Incident Without Reporting The gap between the class B misdemeanor and the class A misdemeanor reflects the difference prosecutors and judges draw between a paperwork failure and an actual flight.
Penalties for Serious Injury or Death
When the victim suffers a “serious physical injury” — one that creates a substantial risk of death, causes protracted disfigurement, or results in extended loss of function of any organ — the charge is a class E felony. The fine range is $1,000 to $5,000 and the maximum prison sentence is four years.1New York State Senate. New York Vehicle and Traffic Law VAT 600 – Leaving Scene of an Incident Without Reporting4New York State Senate. New York Penal Law PEN 70.00 – Sentence of Imprisonment for Felony
If the victim dies, the offense is a class D felony. The fine is $2,000 to $5,000 and the maximum prison term is seven years.1New York State Senate. New York Vehicle and Traffic Law VAT 600 – Leaving Scene of an Incident Without Reporting4New York State Senate. New York Penal Law PEN 70.00 – Sentence of Imprisonment for Felony These penalties sit on top of any separate charges a driver may face, such as reckless driving or vehicular manslaughter.
DMV Consequences Beyond the Criminal Case
The criminal fine and any jail term are only part of what a convicted driver deals with. The DMV imposes its own penalties that can affect driving for years.
Points on Your Record
A property-damage hit-and-run conviction adds three points to your driving record. A personal-injury hit and run adds five.5New York State Department of Motor Vehicles. The New York State Driver Point System Accumulate 11 points inside any 24-month window and the DMV may suspend your license through an administrative hearing. Insurance premiums rise as well.
Mandatory License Revocation
Any conviction under VTL 600(2) — the personal injury provision — triggers mandatory revocation. The DMV must revoke, not merely suspend, your driving privileges.6New York State Senate. New York Vehicle and Traffic Law VAT 510 You cannot apply for a new license for at least six months, and the commissioner can extend that waiting period. Cases involving serious injury or death routinely result in longer revocations.
Mandatory Surcharges
Every VTL 600 conviction carries a mandatory surcharge and a crime victim assistance fee. For a first-offense property damage infraction, the surcharge is $25 plus a $5 victim assistance fee. For misdemeanor and felony convictions under VTL 600, the surcharge is $55 plus the $5 fee. Town or village courts add another $5.7New York State Senate. New York Vehicle and Traffic Law 1809 – Mandatory Surcharge Courts have no authority to waive these amounts.
How Victims Recover Compensation
New York is a no-fault state, so you don’t need to identify the other driver to start getting medical bills paid.
No-Fault Benefits
Every New York auto policy includes basic no-fault coverage, also called Personal Injury Protection. It pays up to $50,000 per person for medical expenses, lost wages (capped at $2,000 per month for up to three years), and other reasonable costs tied to the injury.8New York State Senate. New York Insurance Law ISC 5102 – Definitions You file this claim with your own insurer, not the fleeing driver’s.
Without your own auto insurance, you can file through a household family member’s policy. If no household policy exists, the Motor Vehicle Accident Indemnification Corporation (MVAIC) serves as the insurer of last resort for eligible New York residents.9New York State Department of Financial Services. FAQ: Consumer Questions About No-Fault Insurance
Supplementary Uninsured Motorist Coverage
No-fault pays economic losses but not pain and suffering. For that, look at your SUM coverage. New York insurers must offer Supplementary Uninsured/Underinsured Motorist coverage, which protects you when the at-fault driver has no insurance or cannot be found, which is exactly the hit-and-run situation.10Legal Information Institute. 11 NYCRR 60-2.1 SUM can pay bodily injury damages, including pain and suffering, up to the limits you selected. If you carry only state-minimum liability limits, your SUM coverage may be modest. Worth reviewing with your insurer before anything happens.
Civil Lawsuit if the Driver Is Found
A criminal case punishes the driver. A civil case compensates you. Under the Civil Practice Law and Rules, you have three years from the accident to file a personal injury lawsuit and three years for a property damage claim.11New York State Senate. New York Civil Practice Law and Rules CVP 214 The challenge is identifying the driver. When police locate them through surveillance footage, a partial plate, paint transfer, or witnesses, you can sue for medical costs, lost income, and pain and suffering. A criminal conviction for leaving the scene strengthens the civil case because juries do not look kindly on drivers who fled.
What To Do if You Were Hit
What you do in the first few hours matters more than almost anything that comes later. Witnesses leave, surveillance footage gets overwritten, and physical evidence washes away.
- Call 911 immediately. A police report is the foundation of both the criminal investigation and your insurance claim. Even if the driver is gone, officers can canvass for cameras and witnesses.
- Write down everything you remember. Vehicle color, make, model, any partial plate, direction of travel, and time of day. Even incomplete details help investigators search registration databases.
- Get witness contact information. Bystanders are the single most valuable resource for identifying the driver.
- Photograph the scene and your injuries. Skid marks, debris, paint transfer on your car, and visible injuries all serve as evidence.
- File your no-fault claim promptly. New York requires that you notify your insurer within 30 days and submit a written application for benefits within the timeframe your policy specifies.
- File Form MV-104 with the DMV within 10 days if anyone was injured or property damage exceeded $1,000.12New York State Department of Motor Vehicles. File a Motorist Crash (Accident) Report
If the driver is never found, your no-fault coverage and SUM policy are your primary financial safety nets. The New York State Office of Victim Services may also provide compensation for out-of-pocket expenses like medical bills, counseling, and lost wages when other sources fall short.13New York State Office of Victim Services. Office of Victim Services OVS is a fund of last resort, so you’ll typically need to exhaust insurance options first.