Late one night, a driver was heading home when, while stopped at a red light, their vehicle was suddenly struck from behind. The impact jolted the car violently, causing immediate pain in their back and ankle. Glancing in the rearview mirror, they saw the other vehicle reverse and flee the scene. It was too dark to catch the license plate, and the dashcam only recorded the front view, leaving no usable footage of the fleeing car. Despite being clearly injured, the driver had no way to identify who was responsible.
In the United States, more than 10% of all traffic accidents involve hit-and-run drivers. These incidents are especially difficult to resolve when they happen late at night or in areas with limited surveillance or witnesses. However, how you respond in the immediate aftermath can significantly impact your ability to obtain compensation and legal protection.
What You Do Right After the Accident Matters
If you’re the victim of a hit-and-run, your first step should be reporting the incident to the police as quickly as possible. In states like New Jersey and New York, failing to file a police report within 24 hours may lead the insurance company to suspect fraud and deny your claim. In some cases, if the report is delayed, the police may even refuse to create a record of the accident. That’s why contacting authorities at the scene is critical.
Even if the at-fault driver isn’t found, New Jersey and New York are No-Fault Insurance states. That means your own auto insurance—specifically your Personal Injury Protection (PIP) coverage—can provide compensation for medical expenses and lost wages regardless of fault.
How to Identify the Hit-and-Run Driver
Identifying the fleeing vehicle is often the most difficult part of a hit-and-run case. However, several tools and strategies can help uncover key information.
Surveillance footage from nearby stores, intersections, or public buildings can provide leads. Vehicle records can also be obtained from the DMV if even partial plate information is available. Indirect footage from other vehicles’ dashcams or witness statements can offer additional insight. In cases where the registered owner of a vehicle is not the driver, that person can be subpoenaed to testify under oath. Because lying under oath is a criminal offense, this approach can be very effective in identifying the driver.
Many cases have been successfully resolved using these methods, allowing the victim to pursue compensation through the at-fault party’s insurance.
What If the Driver Can’t Be Identified?
Even when all reasonable efforts fail to identify the at-fault driver, compensation is still possible. If your auto insurance policy includes Uninsured Motorist (UM) coverage, you may be entitled to receive compensation for injuries and damages stemming from the hit-and-run—as if the driver had no insurance at all.
Additionally, some states offer Crime Victims Compensation Funds for hit-and-run victims. These programs may provide financial assistance for medical costs and other losses, provided that certain eligibility requirements are met.
Because these rules vary by state and are often complex, consulting an attorney who understands the system is essential to maximizing your recovery.
Fleeing the Scene Is a Crime
Every driver involved in an accident has a legal duty to stop, provide information, and contact the police to file an official report. Leaving the scene is a violation of this duty and is considered a criminal offense in every U.S. state. Penalties include steep fines and, in serious cases, imprisonment.
Choosing to flee in a moment of panic can result in far more severe consequences than facing the situation responsibly. The safest and smartest action after an accident is to stay at the scene and follow the proper legal steps.
Why Legal Help Matters
Hit-and-run accidents involve complicated issues—like preserving evidence, navigating insurance coverage, and protecting your rights when the at-fault party is unknown. The steps you take in the days following the accident can shape the entire outcome of your claim. An experienced attorney can help you avoid costly mistakes, ensure you gather the right documentation, and represent your interests in dealing with insurers or third parties.
At Song Law Firm, we’ve successfully handled hit-and-run and other auto accident claims throughout New Jersey and New York. Our team works closely with victims to recover maximum compensation through practical, results-driven legal support.
Injured in a car accident? Call us today at 201-461-0031 or email pi@songlawfirm.com to schedule a consultation. Prompt action is the key to maximizing your recovery.
Disclaimer
This column is for general informational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please consult an attorney directly.
