Hero
If the driver who hit you fled the scene in NYC, you are not without recourse: New York's MVAIC and your own SUM coverage can fill the gap, but only if you act fast. The 90-day MVAIC notice is shorter and less forgiving than the three-year personal injury statute, and missing it eliminates the primary source of recovery for an unidentified-driver case. That deadline is the most common reason hit-and-run victims lose cases that should have settled.
What's different about a NYC hit and run case
Hit and run cases are doubly procedurally hostile. You may not know who hit you, and you must navigate two layered insurance frameworks. New York's Motor Vehicle Accident Indemnification Corporation (MVAIC) was created to compensate victims of uninsured and unidentified drivers. It operates as the insurer of last resort. MVAIC requires a Notice of Intention to Make Claim filed within 90 days of the accident, a sworn proof of loss, and cooperation with their investigation. Failure to file timely is fatal.
Many NYC residents also have Supplementary Uninsured Motorist (SUM) coverage on their own auto policies, which steps in when the at-fault driver is uninsured or unidentified. SUM has its own notice requirements (typically as soon as practicable) and arbitration provisions. Coordinating MVAIC, SUM, and any later-identified driver requires careful pleading because these frameworks do not always coexist cleanly, and each has its own procedural traps.
Driver identification often comes from surveillance footage, plate reader data, NYPD investigations, and Crime Stoppers tips. Preservation letters within days can be the difference between identifying the vehicle and never finding the driver. Defense in MVAIC cases often disputes the involvement of an unidentified vehicle, especially in single-vehicle scenarios where MVAIC argues the injury was caused by another mechanism. NYPD precinct follow-up is often what produces the identification weeks or months later, and a coordinated investigation between counsel, the precinct detective squad, and any private investigator is what closes the gap.
Applicable law
New York Vehicle and Traffic Law § 600 makes leaving the scene of an accident a criminal offense, and the criminal investigation often produces the identification evidence the civil case needs. New York Insurance Law § 5103 governs no-fault coverage for victims of uninsured motorists and provides initial medical and lost-wage coverage even when the driver is unidentified, subject to MVAIC's procedural requirements. Insurance Law § 5208 sets MVAIC's notice requirements, including the 90-day Notice of Intention, the sworn proof of loss, and the cooperation requirement.
Insurance Law § 3420(f) governs uninsured and supplementary uninsured motorist coverage on a victim's own auto policy, including the procedural requirements for invoking SUM coverage. Insurance Law § 5102(d) defines the serious injury threshold, which applies in MVAIC and SUM cases the same way it applies in standard motor vehicle injury cases. 11 NYCRR Part 65 supplies the no-fault regulations that govern PIP processing and timely notice.
The personal injury statute of limitations is three years under CPLR § 214(5), but the 90-day MVAIC notice and the SUM notice ("as soon as practicable") are far shorter and govern recovery. The interaction is critical: a victim with no identified driver typically pursues MVAIC and SUM in parallel, often invokes no-fault PIP under § 5103 for first-dollar medicals, and preserves a third-party action against any later-identified driver. Failing to file the 90-day MVAIC notice often eliminates the only available defendant in unidentified-driver cases. The SUM notice should go to your own insurer within days, and MVAIC's notice should follow within weeks rather than at the deadline.
What to do right after
- Call 911 immediately. An NYPD MV-104A report is required for MVAIC and provides the foundation for identification efforts.
- Note the vehicle's make, model, color, and any partial plate. Find any witnesses and photograph the scene before vehicles move.
- Demand preservation of any nearby surveillance footage and NYC DOT traffic cameras within days. Building owners, ATM operators, and MTA stations are common sources.
- Report the hit and run to the NYPD's local precinct within 24 hours. Follow up with the precinct detective squad in writing.
- Notify your own auto insurer of a potential SUM claim within days. File the MVAIC Notice of Intention within 90 days of the accident. Do not give a recorded statement to MVAIC or your own insurer's claims unit before calling me; both frameworks have procedural traps that catch unrepresented victims.
Typical defendants
- Unknown driver. Pleaded as John Doe pending identification through investigation.
- MVAIC. Motor Vehicle Accident Indemnification Corporation, the insurer of last resort for unidentified-driver cases.
- Your own auto insurer. Under SUM coverage when applicable, which often runs in parallel with MVAIC.
- Vehicle owner. When the vehicle is later identified through investigation, with vicarious liability under VTL § 388.
- Other identifiable parties. Passengers, the property owner of the fleeing route, or any commercial entity tied to the vehicle.
CTA + Compliance
If a driver hit you and fled in NYC, the 90-day MVAIC notice is shorter than the standard statute and missing it is fatal. Surveillance footage may be overwritten in days. Call my cell directly or fill out the contact form. Spanish and Arabic available on request. Free consultation. Prior results do not guarantee a similar outcome; every case turns on its own facts.