Last verified: January 2026. This page reflects current New York Vehicle and Traffic Law Section 600 governing leaving the scene of an incident without reporting.
📑 Table of Contents (click to expand)
Quick Summary: New York Hit and Run Laws
Under VTL Section 600, New York drivers who leave the scene of an accident face criminal penalties that escalate based on the severity of harm:
- Property damage only: Traffic infraction, up to 15 days in jail and $250 fine
- Personal injury: Misdemeanor or Class B misdemeanor, up to 1 year in jail and $1,000 fine
- Serious physical injury: Class E felony, up to 4 years in prison and $2,500 fine
- Death: Class D felony, up to 7 years in prison and $2,000 to $5,000 fine
- Report requirement: Accidents with property damage over $1,000, injury, or death must be reported within 10 days
- License points: 3 demerit points for leaving the scene
- Fault state: New York is a no-fault insurance state
References:
Your Legal Obligations at the Scene of an Accident
Under VTL 600, if you know or have reason to know that you have caused damage to a person or property, you must immediately stop and fulfill the following requirements:
- Exhibit identification: Show your driver’s license and insurance identification card to the other driver, property owner, or injured person
- Provide information: Give your name, license number, residence address (including street name and number), and insurance information
- Show proof of insurance: Present your insurance card upon request
- Remain at scene: Stay until you have fulfilled all required duties
Hitting an Unattended Vehicle
As of March 2022, if you hit an unattended vehicle or property and the owner is not present, you must:
“Report the same as soon as physically able to the nearest police station, or judicial officer.”
You cannot simply leave a note. Police notification is required.
If the Victim Cannot Receive Information
If the injured person is incapacitated and cannot receive your information, you must provide it to a peace officer present at the scene.
Does Fault Matter?
In New York, fault does not determine whether you have committed a hit and run. You commit the offense the moment you leave the scene without fulfilling your legal obligations, regardless of who caused the accident. However, leaving the scene may be viewed as evidence of guilt in both criminal and civil proceedings.
Misdemeanor Hit and Run in New York
Property Damage Only: Traffic Infraction
Leaving the scene of an accident involving only property damage is a traffic infraction under VTL 600(1)(a). Penalties include:
- Maximum 15 days in jail
- Fine up to $250
- 3 demerit points on your license
Personal Injury: Misdemeanor
Failing to share information or leaving the scene of an accident involving personal injury is a misdemeanor under VTL 600(2)(a). Penalties include:
- Class A misdemeanor: Up to 1 year in jail, $1,000 fine
- Class B misdemeanor: Up to 90 days jail, $500 fine (for less serious injuries)
Failure to provide insurance information specifically is:
- Class A misdemeanor if victim suffers injury
- Class B misdemeanor if only property damage
What Prosecutors Must Prove
For both misdemeanor and felony hit and run charges, prosecutors must establish:
- Physical contact occurred between your vehicle and another vehicle, person, or property
- You knew or should have known of your involvement in the accident
- You left the scene without fulfilling your statutory obligations
Reportable Accidents in New York
You must call the police if the accident involves:
- Property damage exceeding $1,000
- Death or injury to any person
You have 10 days to file a written report with the New York Department of Motor Vehicles. The DMV accident report form (MV-104) is available online.
Failure to report an accident is a Class A misdemeanor. If the accident involves personal injury and you fail to report, the charge escalates to a Class E felony.
Key Points to Remember
- If you cannot locate the owner of a struck vehicle, animal, or property, you must notify law enforcement
- Both drivers must file a report if the accident involves injury or property damage over $1,000
- For serious injury or death, notify police immediately at the scene
- Leaving the scene adds 3 demerit points to your license
Felony Hit and Run in New York
Serious Physical Injury: Class E Felony
Leaving the scene of an accident involving “serious physical injury” is a Class E felony. Serious physical injury means any injury that:
- Creates a substantial risk of death
- Causes permanent disfigurement
- Results in long-term health impairment
Examples include limb loss, organ damage, facial disfigurement, and paralysis.
Penalties: Up to 4 years in prison and up to $2,500 fine.
Death: Class D Felony
Leaving the scene of an accident resulting in death is a Class D felony under VTL 600(2)(a).
Penalties: Up to 7 years in prison and fines between $2,000 and $5,000.
DUI Hit and Run
If you were under the influence of drugs or alcohol at the time of the accident:
- Death or serious injury: Class E felony (minimum)
- Property damage only: Multiple misdemeanor charges likely
Vehicular Manslaughter in the Second Degree
New York Penal Code Section 125.12 defines vehicular manslaughter as causing death while intoxicated or impaired. Key provision:
“If it is established that the person operating such motor vehicle caused such death while unlawfully intoxicated or impaired by the use of alcohol or a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment, such person operated the motor vehicle in a manner that caused such death.”
Vehicular manslaughter in the second degree is a Class D felony, punishable by up to 7 years in prison.
New York Hit and Run Penalties Summary
- Property damage (minor): Traffic infraction, up to 15 days jail, $250 fine, 3 points
- Failure to exchange insurance (property damage): Class B misdemeanor, up to 90 days jail, $500 fine
- Failure to exchange insurance (injury): Class A misdemeanor, up to 1 year jail, $1,000 fine
- Hit and run with personal injury: Class B misdemeanor, up to 90 days jail, $500 fine (first violation)
- Failure to report (injury involved): Class E felony, up to 4 years prison, $2,500 fine
- Serious physical injury: Class E felony, up to 4 years prison
- Death: Class D felony, up to 7 years prison, $2,000 to $5,000 fine
- Vehicular manslaughter: Class D felony, up to 7 years prison
- Vehicular assault: Class D felony, up to 7 years prison
- Reckless driving/DUI hit and run: Class C felony, up to 15 years prison, $5,000 fine
A single incident can result in multiple charges.
New York Crash Statistics
New York City has made significant progress in reducing traffic fatalities:
- 2025 NYC fatalities: All-time low recorded, with serious injuries down 2.8% from 2024 (3,031 to 2,947)
- Child fatalities: 6 child fatalities in 2025, down 63% from 16 in 2024
- 2023 Brooklyn data: 11,980 crashes with 63 fatalities (26 pedestrians, 25 motorists, 12 cyclists)
- Five-year trend: Overall crashes down approximately 50% comparing post-2020 to pre-2020 data
- Borough breakdown: Brooklyn and Queens together account for 62.1% of all crash-related injuries in NYC
NYC’s Vision Zero initiative continues to drive these improvements through infrastructure changes, enforcement, and public education.
Notable New York Hit and Run Cases
State v. Seabrook (2024-2025)
In January 2024, Hayden Wallace, 29, a recent Brooklyn transplant, was killed in a hit and run crash in Bushwick. After an extensive investigation, Christopher Seabrook, 28, of Brooklyn was arrested in February 2025, more than a year after the fatal incident. The delayed arrest highlights the challenges of hit and run investigations but also demonstrates law enforcement’s commitment to solving these cases.
Queens Road Rage Fatality (2024)
In April 2025, a Queens grand jury indicted a Brooklyn motorist for murder following a fatal hit and run that killed a Breezy Point man. The incident began as a road rage confrontation on the Belt Parkway in May 2024. The murder charge reflects the intentional nature of the driver’s conduct.
Civil Liability and How Victims Collect Compensation
New York is a no-fault state, meaning your own insurance company pays for your injuries regardless of who caused the accident. However, victims of hit and run may sue under certain conditions:
- Physical contact required: There must be contact between your vehicle and the fleeing vehicle
- Report within 24 hours: You must report the accident within 24 hours
- Threshold injury requirement: To recover for pain and suffering, your injuries must meet the standards set by New York’s no-fault insurance laws
If these conditions are met, you may sue the at-fault driver and/or their insurer for medical expenses, pain and suffering, and other damages.
Statute of Limitations:
- Personal injury claims: 3 years
- Wrongful death claims: 2 years from date of death
- Negligence claims: 3 years
Possible Defenses to Hit and Run Charges
Common defenses used in New York include:
- No injury, death, or property damage: If there was no actual harm, you may not have committed an offense
- Safety concerns: You left the scene to avoid further harm or injury, or you feared for your safety
- Mistaken identity: You were not the driver of the vehicle in question
- Lack of knowledge: You genuinely did not know an accident occurred
Frequently Asked Questions
How long do I have to report an accident in New York?
You have 10 days to file a written report with the DMV for accidents involving injury, death, or property damage over $1,000. You should call police at the scene for any significant accident.
Do I need to call the police for a minor fender bender?
If property damage is under $1,000 and no one is injured, you are not required to call police. However, you must still exchange information with the other driver. If you hit an unattended vehicle, you must report it to police.
What if I hit an animal?
You must stop and locate the owner if possible. If you cannot find the owner, you must report the incident to police. Striking a domestic animal and leaving the scene can result in charges.
How many points does hit and run add to my license?
Leaving the scene of an accident adds 3 demerit points to your New York driver’s license.
Can I sue the driver who hit me and fled?
Yes, if the driver is identified and there was physical contact between vehicles. You must report the accident within 24 hours and meet New York’s injury threshold requirements to recover for pain and suffering.