Hit and Run Laws Traffic Laws Criminal Law New York Laws

New York Hit and Run Laws: VTL 600 Penalties and Your Legal Duties

March 18, 202211 min read

Quick Summary: New York Hit and Run Penalties

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:

New York traffic intersection with a stop sign and painted crosswalk, daytime

Property damage only: Traffic infraction, up to 15 days in jail, up to $250 fine
Failure to exchange info (property damage): Class B misdemeanor, up to 90 days jail, $250 to $500 fine
Personal injury (first offense): Class A misdemeanor, up to 1 year in jail, $750 to $1,000 fine
Personal injury (second offense): Class E felony, up to 4 years prison, $1,000 to $3,000 fine
Serious physical injury: Class E felony, up to 4 years prison, $1,000 to $5,000 fine
Death: Class D felony, up to 7 years prison, $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

Your Legal Obligations at the Scene of an Accident

Leaving scene of 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

If you hit an unattended vehicle or property and the owner is not present, you must report the incident to the nearest police station or judicial officer as soon as you are physically able to do so. You cannot simply leave a note. Police notification is required.

If the Victim Cannot Receive Information

If the injured person is unable to 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.

Property Damage Hit and Run

Person at accident scene

Traffic Infraction (Basic Violation)

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

Class B Misdemeanor (Failure to Exchange Information)

If the violation results solely from failure to show your license and insurance card or exchange information, it is a Class B misdemeanor:

Up to 90 days in jail
Fine between $250 and $500

Class A Misdemeanor (Other Violations)

Any property damage violation other than the mere failure to exchange information is a Class A misdemeanor:

Up to 1 year in jail
Fine between $750 and $1,000

A second conviction under this provision becomes a Class E felony with a fine of $1,000 to $3,000.

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 involving injury is a Class A misdemeanor. If you fail to report and personal injury was involved, the charge can escalate to a Class E felony.

Felony Hit and Run in New York

DUI hit and run

Personal Injury (First Offense): Class A Misdemeanor

Failing to share information or leaving the scene of an accident involving personal injury is a Class A misdemeanor under VTL 600(2)(a):

Up to 1 year in jail
Fine between $750 and $1,000

Personal Injury (Second Offense): Class E Felony

A second conviction for leaving the scene of an injury accident becomes a Class E felony:

Up to 4 years in prison
Fine between $1,000 and $3,000

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

Penalties: Up to 4 years in prison and a fine between $1,000 and $5,000.

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 a fine between $2,000 and $5,000.

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

Vehicular Manslaughter in the Second Degree

New York Penal Code Section 125.12 defines vehicular manslaughter as causing death while intoxicated or impaired. Vehicular manslaughter in the second degree is a Class D felony, punishable by up to 7 years in prison.

Pending Legislation: Nick's Law

A proposed bill (S3639, introduced in the 2025-2026 session) known as "Nick's Law" would increase penalties for fatal hit and run from a Class D felony to a Class B felony with a fine of $30,000. If enacted, this would significantly increase the maximum prison sentence for leaving the scene of a fatal accident. The bill has not yet been passed as of March 2026.

New York Hit and Run Penalties Summary

Property damage (basic): Traffic infraction, up to 15 days jail, $250 fine, 3 points
Failure to exchange info (property damage): Class B misdemeanor, up to 90 days jail, $250 to $500 fine
Property damage (other violations): Class A misdemeanor, up to 1 year jail, $750 to $1,000 fine
Property damage (second offense): Class E felony, up to 4 years prison, $1,000 to $3,000 fine
Personal injury (first offense): Class A misdemeanor, up to 1 year jail, $750 to $1,000 fine
Failure to report (injury): Class E felony, up to 4 years prison
Serious physical injury: Class E felony, up to 4 years prison, $1,000 to $5,000 fine
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

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 trend: All-time low fatality rate, with serious injuries down 2.8% from 2024
Child fatalities: 6 child fatalities in 2025, down 63% from 16 in 2024
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, was killed in a hit and run crash in Bushwick, Brooklyn. 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

Car keys after accident 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 to preserve your uninsured motorist claim
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 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

Other New York Laws

New York parking lot surveillance camera mounted on a light pole

More New York Laws

Sources and References

New York VTL Section 600: Leaving Scene of an Incident Without Reporting(nysenate.gov).gov
New York DMV Accident Report Form (MV-104)(dmv.ny.gov).gov
New York Criminal Jury Instructions: VTL 600 Felony(nycourts.gov).gov
New York Criminal Jury Instructions: VTL 600 Misdemeanor (Injury)(nycourts.gov).gov
NY Senate Bill S3639 (Nick's Law): Proposed Penalty Increase for Fatal Hit and Run(nysenate.gov).gov