Hit by a Car as a Pedestrian in NYC? Hit-and-Run? Here's How You Still Recover

Pedestrian deaths and serious injuries on NYC streets are not rare. The Department of Transportation tracks hundreds of pedestrian fatalities and thousands of injuries every year. The vehicle is always heavier; the pedestrian always loses. What pedestrians often don't lose — but think they do — is the right to recover.

Two specific situations cause the most confusion and the most missed recovery: hit-and-runs, where the driver fled, and crashes where the driver had no insurance or insufficient insurance. New York law anticipated both. The mechanisms exist, but they have strict deadlines that the public mostly does not know.

If the Driver Stayed and Was Insured

This is the simplest case. New York's no-fault statutory framework provides automatic coverage of medical bills and lost wages up to $50,000 per person regardless of fault. As a pedestrian, you are covered by the driver's no-fault carrier — file an NF-2 application within 30 days of the accident.

For damages above the no-fault amount — pain and suffering, additional medical costs, future lost income — you file a third-party claim against the driver's liability policy. New York's "serious injury" threshold under the no-fault law generally limits which pedestrian cases can sue for pain and suffering, but pedestrian injuries tend to be severe enough to meet the threshold in many cases.

If the Driver Fled (Hit-and-Run)

This is the situation most people think is hopeless. It is not.

Under NY Vehicle and Traffic Law §600, leaving the scene of an accident involving personal injury is a criminal offense — that helps police prioritize hit-and-runs and increases the likelihood of identification. But the civil recovery path doesn't require identifying the driver.

If the driver is never identified, your recovery paths are:

• Your own UM coverage, if you have an auto policy. New York Insurance Law §3420 requires every NY auto policy to include uninsured motorist (UM) coverage at minimum limits of $25,000 per person / $50,000 per accident. UM covers hit-and-runs and unidentified vehicles. The claim is handled through your insurer but typically goes to arbitration rather than court.
• Household relative's UM coverage, if you live with someone who has an auto policy. New York treats UM as a "follow the person" coverage — even if you don't own a car, you may be covered by a parent, spouse, or other resident relative's policy.
• MVAIC, if no UM coverage is available. The Motor Vehicle Accident Indemnification Corporation was created in 1958 under what is now NY Insurance Law Article 52 as the state's last-resort fund for victims of uninsured and unidentified motorists.

MVAIC: The Last-Resort Fund

MVAIC pays no-fault and bodily injury benefits to qualifying victims when no other auto insurance is available. To qualify, you must generally be a New York resident, the accident must have occurred in New York, and neither you nor a household relative may own an insured vehicle.

MVAIC deadlines are unforgiving:

• 24 hours to report the accident to police (for hit-and-run cases).
• 30 days to file a no-fault application (NF-2 form) for medical and lost-wage benefits.
• 90 days for a Notice of Intention to Make Claim with MVAIC, if the driver fled and is unidentified.
• 180 days for a Notice of Intention if the driver is identified but uninsured.
• Household affidavit verifying no other insurance is available.

MVAIC provides up to $50,000 in no-fault benefits (medical, lost wages) and $25,000 per person / $50,000 per accident in bodily injury liability coverage — the statutory minimums under NY law. If your damages exceed these, the recovery options narrow significantly, which is why SUM coverage matters.

SUM Coverage: The Upgrade Most People Skip

New York law allows policyholders to purchase Supplementary Uninsured/Underinsured Motorist (SUM) coverage at limits higher than the statutory minimum. If you have a $250,000 SUM policy, that is the cap on what you can recover from your own carrier when the at-fault driver is uninsured or underinsured.

If your case has potential value of $300,000 but your SUM coverage is only $25,000, you are limited to $25,000 — even if the case is otherwise worth ten times more. This is the single biggest preventable gap in NYC pedestrian coverage. If you have an auto policy, check your SUM limits. If they are at the state minimum, consider raising them.

What to Do If You Were Hit

1. Get medical care immediately. Even if you feel "fine" — adrenaline masks serious injuries.
2. Call 911. Get a police report. For hit-and-runs, this is mandatory for MVAIC eligibility.
3. Get witness names and numbers. NYC has cameras everywhere — note nearby businesses, traffic cameras, and bystanders with phones.
4. Document the scene. Photos of the location, any debris, your injuries, any visible damage.
5. Do not give a recorded statement to any insurance company without legal advice. Adjusters call quickly with sympathetic-sounding questions designed to lock you into a position.
6. File the NF-2 within 30 days. This deadline is strict.
7. If hit-and-run: file MVAIC Notice of Intention within 90 days.
8. Talk to a lawyer well before the 3-year SOL. Earlier is much better.

If a NYC Government Vehicle Hit You

Different deadlines apply. Under General Municipal Law §50-e, claims against the City of New York or any of its agencies require a Notice of Claim within 90 days of the incident. This applies to NYPD vehicles, Sanitation trucks, DOT vehicles, MTA buses (with their own variant), and any other city or municipal vehicle. Missing the 90-day window usually kills the claim permanently.

When to Call Us

If you or a loved one was hit by a vehicle while walking in NYC, call Madison Law Firm PLLC. The consultation is free. We don't charge unless we recover.

Madison Law Firm PLLC handles pedestrian accident claims across all five boroughs — including hit-and-runs, uninsured driver claims, MVAIC claims, and claims against city vehicles. We know the deadline traps. We know how to find coverage layers people don't know they have. We speak Spanish.