Hit and Run: Leaving the Scene of an Accident With Property Damage or Personal Injury

Hit and Run in New York: What You Need to Know If You Left the Scene of an Accident

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:

For the general differences among Class A, Class B, and unclassified misdemeanors, review the firm’s New York misdemeanor charges guide.

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. The statute applies when a driver knows or has cause to know that the accident caused damage or injury and leaves without stopping and providing the required information — 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.

Hit and Run Cases in Brooklyn, Queens, Manhattan and Nassau County

A leaving-the-scene charge is heard in the criminal court of the county where the accident happened. The case usually begins with an arraignment after an arrest or on the date printed on a Desk Appearance Ticket. Our court guides explain what to expect in each court:

• Brooklyn: Kings County Criminal Court, 120 Schermerhorn Street
• Queens: Queens County Criminal Court, Kew Gardens
• Manhattan: New York County Criminal Court, 100 Centre Street
• Nassau County: Nassau County District Court, 99 Main Street, Hempstead

We meet clients at our Brooklyn office and our Hempstead office.

Related articles: driving with a suspended license and driving with a suspended registration.

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.