Hit and Run: Leaving the Scene of an accident with property damage or personal injury

If you were involved in a traffic accident in New York and left the scene — whether you panicked, didn’t realize damage occurred, or were unsure what to do — you may be facing a hit and run investigation or criminal charges. Speaking with an experienced New York hit and run attorney before talking to police can make a critical difference in the outcome of your case.

What Is a Hit and Run in New York?

Under New York Vehicle and Traffic Law (VTL) § 600, any motorist involved in an accident causing property damage or personal injury is legally required to:

• Stop at the scene
• Exchange information with the other driver (name, address, and insurance details)
• Render reasonable assistance to anyone who is injured
• If no other driver is present — for example, if you struck a parked car — report the accident to the nearest police station

If property damage exceeds $1,000 and no police report was filed at the scene, you must also file DMV Form MV-104 within 10 days. Failing to meet these obligations is commonly referred to as a hit and run, and it can result in anything from a traffic infraction to a serious felony charge.

Hit and Run with Property Damage (VTL § 600.1)

If you left the scene of an accident involving only property damage, you may be charged under VTL § 600.1. This is a traffic infraction — not a crime — but it carries real consequences:

• Up to 15 days in jail
• 3 points on your driver’s license
• Fines of up to $250, plus court surcharges
• Increased insurance premiums for several years

Police can arrest you for a property damage hit and run up to one year from the date of the accident. Don’t assume that because time has passed, the matter has gone away.

Hit and Run Involving Personal Injury (VTL § 600.2)

When an accident results in injury to any person, the charge becomes a crime with significantly harsher penalties. Under VTL § 600.2, the penalty structure escalates based on severity:

A conviction also adds 5 DMV points to your license and can affect your employment, professional license, and immigration status.

Note that under New York law, “personal injury” under VTL § 600.2 is defined broadly — even minor soreness or bruising can qualify, which means the threshold for a criminal charge is lower than many people expect.

How Police Investigate Hit and Run Cases

Even if you left the scene, police have effective tools to identify the driver:

• Surveillance cameras — Traffic, business, and doorbell cameras are routinely reviewed
• Eyewitnesses — Bystanders often record license plates even without seeing the driver’s face
• The victim — They may have followed you, photographed your plate, or called 911 immediately
• DMV records — Police run the plate and contact the registered owner directly

That last point is critical. Police will call or come to your door and begin asking questions. What you say at that moment can determine whether an arrest is made.

Why You Should NOT Talk to Police Without a Lawyer

If police contact you about a hit and run, do not speak with them before consulting a criminal defense attorney.

The registered owner of a vehicle is not automatically the driver. When police call, they are often trying to confirm who was driving — information they may not yet have. Witnesses frequently record a license plate without seeing the driver’s face. That missing piece is what separates an investigation from an arrest.

If you speak to police without a lawyer, you risk:

• Admitting you were the driver — giving police what they need to arrest you
• Identifying someone else who was driving — exposing them to charges
• Making inconsistent statements that can be used against you later

The car owner has no legal obligation to speak with police. An experienced attorney can handle communications with law enforcement on your behalf.

What If Someone Else Was Driving Your Car?

Under New York law, only the actual driver can be charged with leaving the scene. The registered owner is not criminally liable simply because the vehicle was involved — even if the owner’s insurer faces a civil claim.

If a friend, relative, or employee was driving, do not identify that person to police before speaking with a lawyer. The right approach depends on the specific facts of your situation.

Key Defenses to Hit and Run Charges

A hit and run charge is not automatically a conviction. New York courts have confirmed that intent to flee is required — a driver who genuinely did not know an accident occurred may have a valid defense. Other defenses include:

• Challenging your identification as the driver
• Disputing the sufficiency of evidence — surveillance footage, eyewitness accounts
• Raising issues with the legality of the stop or arrest
• Negotiating a reduction to a non-criminal resolution

Our firm has successfully resolved numerous hit and run cases across New York — including full dismissals, reductions to traffic infractions, and acquittals at trial.

Frequently Asked Questions

Can I be arrested if I didn’t realize I hit another car? Intent matters. Charges under VTL § 600 require that you knew or should have known an accident occurred. A genuine lack of awareness can be a defense — but it must be handled strategically, not simply stated to police.

Does fault in causing the accident matter? The obligation to stop is separate from fault. Even if the other driver caused the crash, you are still required to stop and exchange information.

Can this affect my immigration status? Yes. A misdemeanor or felony conviction under VTL § 600.2 can have serious immigration consequences. If you are not a U.S. citizen, consult a defense attorney before resolving any case.

Contact Sharifov & Associates, PLLC

If you are facing a hit and run investigation or charges in New York City or Nassau County, do not speak to police before calling us. We represent clients in Brooklyn, Queens, Manhattan, the Bronx, Staten Island, and Nassau County.

☎ 718-368-2800 (NYC / Brooklyn) ☎ 516-505-2300 (Long Island / Nassau County) ☎ 1-888-LAW-2407

Available 24/7. Former New York Prosecutor. Rated by Super Lawyers. 23+ years of experience.

Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship.