Long Island Hit and Run
Accident Lawyer

Understanding the Problem

Hit and Run Accidents on Long Island

Hit and run accidents are among the most frustrating and legally complex cases in personal injury law. A driver causes a collision — sometimes a devastating one — and then flees, leaving the victim injured, frightened, and wondering whether they have any recourse at all. On Long Island, hit and run crashes occur at an alarming rate. According to statewide data compiled by the New York State Department of Motor Vehicles, hit and run accidents account for thousands of reported crashes annually across Nassau and Suffolk Counties, with pedestrians and cyclists bearing a disproportionate share of the casualties.

The reasons drivers flee are varied. Some are uninsured and fear financial consequences. Others are driving with suspended or revoked licenses. Some have outstanding warrants or have been driving under the influence of alcohol or drugs. In some cases, drivers flee out of panic before immediately regretting it — and surrendering themselves to police within hours. In other cases, drivers are never identified despite active police investigations.

Under New York Vehicle and Traffic Law §600, leaving the scene of an accident is a crime — classified as a misdemeanor when injury results, and as a felony when serious physical injury or death results. The Nassau County Police Department (NCPD) and the Suffolk County Police Department (SCPD) both operate dedicated traffic safety units that investigate these cases, and both departments maintain access to license plate reader databases, traffic camera networks, and witness canvassing resources. Despite these investigative tools, many hit and run drivers are never found.

The critical fact that most victims do not initially understand is this: even when the driver is never identified, you may still have significant legal rights and recovery options. New York law provides multiple pathways for hit and run victims — and an experienced attorney can help you navigate every one of them.

Your Recovery Options When the Driver Flees

Hit and run victims on Long Island have three distinct legal pathways depending on two key variables: whether the driver is ever identified, and whether applicable insurance coverage exists. Understanding these pathways is the foundation of any hit and run recovery strategy.

In some cases, multiple pathways may apply simultaneously or sequentially. For example, a victim with SUM coverage may simultaneously pursue their UM claim while police continue investigating. If the driver is identified after the UM arbitration is already underway, the case may be restructured. An attorney's job is to ensure that no deadline is missed and no avenue is foreclosed while the investigation continues.

Uninsured Motorist Coverage in New York

New York Insurance Law requires every automobile liability policy issued in the state to include uninsured motorist (UM) coverage. This is not optional — it is a mandatory component of every auto insurance policy sold in New York. The minimum required UM coverage is $25,000 per person and $50,000 per accident, mirroring the state's minimum bodily injury liability limits.

Beyond the mandatory minimum, New York policyholders may elect supplementary uninsured/underinsured motorist (SUM) coverage at higher limits. SUM coverage provides protection both when the at-fault driver is uninsured (as in most hit and run cases) and when the at-fault driver is underinsured — meaning their liability policy limits are insufficient to fully compensate you. If you elected SUM coverage at limits of $100,000, $250,000, or higher, those limits govern the maximum you can recover through the UM process.

To make a UM or SUM claim after a hit and run accident, you must satisfy several requirements. First, you must report the accident to a law enforcement officer as soon as practicable — this is both a legal requirement and a practical necessity for your claim. Second, you must notify your own insurer within 30 days of the accident that you may have a UM claim, and separately file your no-fault (NF-2) application within 30 days. Third, your claim proceeds to binding arbitration administered through the American Arbitration Association (AAA), where an arbitrator — not a jury — hears the evidence and renders a decision on liability and damages.

The arbitration process involves written submissions, documentary evidence, and in some cases live testimony. The arbitrator evaluates the evidence of liability — was there a hit and run? Was the claimant injured? — and then assesses damages including medical expenses, lost wages, and pain and suffering. The arbitrator's award is binding and is typically not subject to appeal except on very narrow grounds.

One important practical point: unlike standard car accident cases where you generally have 3 years to file suit under CPLR §214, UM claims have contractual deadlines set by your own insurance policy. Many policies require that the UM arbitration demand be filed within 3 years of the accident. Failing to timely demand arbitration can forfeit your UM rights entirely. Contact an attorney immediately to ensure these deadlines are tracked.

MVAIC: When You Have No Insurance

The Motor Vehicle Accident Indemnification Corporation (MVAIC) is a New York State entity created to ensure that innocent victims of hit and run accidents — and accidents involving uninsured vehicles — are not left without any recourse simply because they lack their own auto insurance policy. MVAIC functions as the insurer of last resort: it compensates qualified claimants who have no access to any other applicable coverage.

Who qualifies for MVAIC benefits? A claimant qualifies if they were injured by an identified uninsured motorist or by an unidentified hit and run driver, and if they are an "eligible person" under the MVAIC statute — generally meaning they are a New York resident who does not have access to any applicable insurance policy (either their own policy or a household member's policy that would provide UM coverage). Pedestrians and cyclists who do not own vehicles and are not household members of someone with an auto policy are common MVAIC claimants.

The procedural requirements for a MVAIC claim are strict and unforgiving. The most critical deadline: you must file written notice of your claim with MVAIC within 90 days of the accident. This is not the deadline to file a lawsuit — it is the deadline to provide written notice to MVAIC of your intent to make a claim. Miss this deadline, and MVAIC may deny your claim entirely, leaving you with no recovery at all.

In addition to the 90-day notice requirement, you must have filed a police report, and you must cooperate with MVAIC's investigation. MVAIC will investigate your claim, assess liability and damages, and then either offer a settlement or proceed to a hearing. MVAIC recovery is subject to the statutory limits: $25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage (with a $200 deductible). These limits are low — which is why an attorney should also explore every other possible coverage source before relying solely on MVAIC.

Despite its limitations, MVAIC can be the difference between zero recovery and meaningful compensation for an uninsured hit and run victim. If you are unsure whether you qualify, contact us immediately — we can assess your eligibility, file the required notice within the 90-day window, and pursue the maximum available recovery.

Critical Steps After a Hit and Run on Long Island

The actions you take in the hours and days after a hit and run accident directly affect the strength of your legal claim. Evidence is perishable — surveillance footage is overwritten, witnesses forget details, and pavement evidence disappears. Moving quickly is essential.

Beyond the legal filing deadlines, investigating a hit and run requires urgent action on the evidentiary front. Surveillance cameras at nearby businesses, gas stations, ATMs, and traffic lights may have captured the collision — but many systems overwrite footage within 24 to 72 hours. Our firm contacts these businesses immediately to request preservation of footage before it is lost.

Dashcam footage from other vehicles in the area is increasingly valuable. Social media is another investigative tool — posts about a traffic incident or "I just saw a hit and run at Merrick Road and Sunrise Highway" can surface witnesses who saw the vehicle. Our firm pursues every avenue.

Police on Long Island also have access to license plate reader (LPR) databases that record the plate numbers of passing vehicles at various points throughout Nassau and Suffolk County. If even a partial plate number was observed, LPR data can identify the vehicle within a narrow geographic and time window.

In some cases, the hit and run driver suffers damage to their own vehicle that is distinctive enough to be identified — body shops that repair such damage are sometimes sources of leads. Local body shops in Nassau and Suffolk County are occasionally contacted as part of aggressive hit and run investigations.

Even if your case proceeds through UM arbitration rather than a standard lawsuit, the quality of the evidence — medical records, accident reconstruction, witness statements, and documentation of your injuries — directly affects the arbitration award. We approach every hit and run case with the same evidentiary rigor we bring to standard personal injury cases. For comparison on how standard car accident claims are handled, see our car accident lawyer page.

Related practice areas: Car Accident Lawyer • Pedestrian Accident • Bicycle Accident • Wrongful Death • Personal Injury