Hit and Run in New York: What Deadlines Apply to Your Claim?

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November 3, 2026 | By William Mattar Accident Lawyers

What deadlines apply after a hit and run in New York?

Several. When the driver's identity is unascertainable, Insurance Law § 5208(a)(2) makes the protection of the Motor Vehicle Accident Indemnification Corporation (MVAIC) available to a qualified person with a cause of action for death or bodily injury from a New York motor vehicle accident that was reported within twenty-four hours after the occurrence, and who files an affidavit with MVAIC within ninety days of the accrual of the cause of action. A late report does not prejudice the person's rights if it is shown that it was not reasonably possible to make the report within twenty-four hours or that it was made as soon as was reasonably possible. Separately, written notice of a no-fault claim must go to the no-fault insurer as soon as reasonably practicable and no more than 30 days after the accident, unless written proof gives clear and reasonable justification for the delay.

Key facts

Every person operating a motor vehicle involved in a New York accident in which anyone is killed or injured, or in which property damage to any one person exceeds $1,000, must report it in writing to the commissioner of motor vehicles within ten days; the exception is a police officer, correction officer or firefighter operating a police, correction or fire department vehicle while on duty, if the vehicle's owner has filed a report.
The New York DMV form for that report is the MV-104, Report of Motor Vehicle Crash; the form states that failing to report within 10 days is a misdemeanor and that a license or registration may be suspended until a report is filed.
No-fault proof of claim has its own limits: for health service expenses, as soon as reasonably practicable but no later than 45 days after the services are rendered; for work loss and other necessary expenses, as soon as reasonably practicable but no later than 90 days after the work loss is incurred or the other necessary services are rendered, unless written proof gives clear and reasonable justification for missing the limit.

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Who files with MVAIC, and who claims under their own policy?

For no-fault benefits, the New York State Department of Financial Services (DFS) says that if you (or a relative you live with) do not have an auto insurance policy and are injured by a hit-and-run driver, the no-fault claim should be filed with MVAIC.

If you or a relative you live with does have an auto policy, read the uninsured motorist section of that policy for any notice and reporting conditions, and meet them. For who pays after a hit and run, see I Was Injured in a Hit and Run Accident and the At-Fault Driver Can't Be Located. Now What?

What must the MVAIC affidavit say?

Filing the affidavit is a condition precedent to the right to apply for payment from MVAIC. For a hit and run, it must state that the person has a cause of action for damages arising out of the accident, setting forth the supporting facts; that the cause of action is against a person whose identity is unascertainable; and that the person is making a claim for those damages.

Can you sue if the driver is never found, or if the driver is identified?

If the identity of the vehicle and of its operator and owner cannot be ascertained, a qualified person with a cause of action for death or personal injury arising out of the ownership, maintenance or use of a motor vehicle in New York may, on notice to MVAIC, apply to a court for an order permitting an action against MVAIC in that court. Before making the order, the court must be satisfied after a hearing of each point listed in § 5218(b), including that the applicant has complied with § 5208, that the injured person was not operating an uninsured motor vehicle, or a vehicle in violation of a suspension or revocation order, at the time of the accident, and that all reasonable efforts have been made to ascertain the identity of the vehicle, owner and operator and that identity cannot be established.

If the driver is identified, CPLR § 214(5) gives three years to commence an action to recover damages for a personal injury, except as provided in CPLR §§ 214-b, 214-c, 214-i and 215. For a personal injury claim against a city, county, town, village, fire district or school district based on the negligence or wrongful act of that body or of its officers, agents or employees, General Municipal Law § 50-i instead requires a notice of claim served in compliance with § 50-e, which § 50-e requires within ninety days after the claim arises; the complaint must allege that at least thirty days have passed since the notice was served (forty days if it was served on the Secretary of State under section 53) and that adjustment or payment has been neglected or refused, and the action must be commenced within one year and ninety days after the happening of the event.

Frequently asked questions

Does an MVAIC hit-and-run claim require physical contact?

Yes, for a cause of action against a driver whose identity is unascertainable. Insurance Law § 5217 says MVAIC's protection does not apply to a cause of action against a person whose identity is unascertainable unless the bodily injury arose out of physical contact between the vehicle causing the injury and the injured person, or a vehicle that person was in or upon, entering or alighting from at the time of the accident.

What if the injured driver is too hurt to file the DMV report?

If the operator is physically incapable of making the report and another participant in the accident is not incapacitated, that participant must make the report within ten days after the accident. If the operator is unable to make it, the owner of the vehicle, if not involved in the accident or incapacitated, must report within ten days after learning of the accident.

What happens after the no-fault insurer or MVAIC receives the notice of claim?

According to DFS, within five business days the insurer (or MVAIC) is required to send an Application for Benefits and a letter explaining the no-fault coverage available and the claimant's rights and obligations.

About William Mattar, P.C.

William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. The initial case consultation is free.

Sources

New York Insurance Law § 5208: https://www.nysenate.gov/legislation/laws/ISC/5208
New York Insurance Law § 5202: https://www.nysenate.gov/legislation/laws/ISC/5202
New York Insurance Law § 5217: https://www.nysenate.gov/legislation/laws/ISC/5217
New York Insurance Law § 5218: https://www.nysenate.gov/legislation/laws/ISC/5218
11 NYCRR 65-1.1 (Regulation 68, NYS Department of Financial Services): https://www.dfs.ny.gov/system/files/documents/2024/08/reg68_11_nycrr_65_full_txt.pdf
NYS Department of Financial Services, Filing Claims Under Your Own Policy: https://www.dfs.ny.gov/consumers/auto_insurance/filing_claims_under_your_own_policy
New York Vehicle and Traffic Law § 605: https://www.nysenate.gov/legislation/laws/VAT/605
NYS DMV, Form MV-104, Report of Motor Vehicle Crash: https://dmv.ny.gov/forms/mv104.pdf
CPLR § 214: https://www.nysenate.gov/legislation/laws/CVP/214
New York General Municipal Law § 50-i: https://www.nysenate.gov/legislation/laws/GMU/50-I
New York General Municipal Law § 50-e: https://www.nysenate.gov/legislation/laws/GMU/50-E

Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated November 2026.