Being involved in a motorcycle accident is already a traumatic experience. But when the at-fault driver flees the scene, things become even more stressful, unfair, and confusing. You may be left with injuries, medical bills, and a damaged bike—with no one to hold accountable.
So, can you sue if the driver fled the scene after the crash? The answer is yes — and here’s how it works in New York State.
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What Is Considered a Hit-and-Run in New York?
New York law requires all drivers involved in an accident to stop, exchange information, and offer assistance if someone is injured. When a driver flees the scene, it’s considered a hit-and-run, which is a criminal offense.
This applies to all types of accidents, including those involving motorcyclists. If the driver who hit you didn’t stop, they violated state law.
What Should You Do Immediately After the Crash?
If you’re physically able to act, take the following steps:
- Call 911 to report the accident and get medical help.
- Take photos of the scene, your injuries, the motorcycle, and surroundings.
- Speak with witnesses and get their contact information.
- Request a copy of the police report—it will be essential for any legal claim.
- Notify your insurance company, but avoid giving recorded statements without legal guidance.
Even if the other driver is never identified, all the evidence you gather will help support your case.
With 30 years of experience winning top settlements, we know how to deal with insurance companies and the legal system. You’re in the best hands with us.
Can I Get Compensation If the Driver Is Never Found?
Yes. In New York, all motorcycle insurance policies must include Uninsured Motorist (UM) coverage.
This coverage protects you when:
- The at-fault driver has no insurance
- The at-fault driver cannot be identified (hit-and-run cases)
In these situations, you can file a claim under your own insurance policy, and request compensation for:
- Medical expenses
- Lost wages
- Motorcycle damage
- Pain and suffering
You’re not suing the driver—you’re activating your UM coverage
What If the Police Identify the Driver?
If law enforcement identifies the hit-and-run driver, you can file a personal injury lawsuit. Your attorney can pursue damages for:
- All current and future medical expenses
- Compensation for permanent injuries
- Loss of income or reduced earning capacity
- Physical and emotional suffering
In some cases, punitive damages may apply—especially if the driver was drunk, reckless, or had prior violations.
Why You Need a Lawyer in These Cases
Hit-and-run motorcycle accidents are complex. You’re injured, the responsible party is missing, and insurance companies may not be on your side.
A motorcycle accident attorney can:
- Handle the UM insurance claim
- Collect and preserve accident evidence
- Locate witnesses or request surveillance footage
- Represent you if the driver is found
- Ensure your legal rights are fully protected
Having a lawyer who specializes in motorcycle accidents strengthens your case and increases your chances of receiving fair compensation.
How Long Do I Have to File a Claim?
In New York:
- You have 30 days to notify your insurer of a UM claim.
- You have 3 years to sue a known driver for personal injury.
- If the vehicle was public (like a city-owned truck), you may have only 90 days to act.
Missing these deadlines can jeopardize your case, so it’s crucial to act quickly.
Yes, You Can Sue—Even If the Driver Fled
Just because the driver fled the scene doesn’t mean you’re out of options. Whether through your uninsured motorist policy or a lawsuit if the driver is found, you still have a path to justice.
An experienced New York motorcycle accident attorney can help you secure the compensation you deserve—even if the person responsible tried to disappear.
FAQ
Yes, although it may affect the compensation amount. Speak with a lawyer to evaluate your specific case.
New York follows a “comparative negligence” rule, meaning you can still receive compensation even if you were partly responsible.
In New York, you generally have up to 3 years to file a personal injury claim. The sooner you act, the better your chances of success.
