How Pedestrians Get Compensated After a Hit-and-Run

A hit-and-run pedestrian has two paths to compensation, and neither depends on the police catching the driver. The first is uninsured motorist coverage, which most people do not realize covers them while they are on foot. The second, in New York, is a state-created fund for victims who have no auto policy in the household. Both come with short notice deadlines that start on the day of the crash, not the day the driver is identified. CLP’s pedestrian injury practice handles hit-and-run claims differently from ordinary crashes for exactly that reason: the paperwork begins before anyone knows who to sue.

Report it immediately, then help find the driver

A police report is the foundation of every hit-and-run pedestrian claim. Insurers and the New York fund both require that the crash was reported promptly, and some require a report within a day. Call 911 from the scene if you can, or have someone else do it, and get the report number before you leave the hospital.

Then give the police everything that could identify the vehicle: a partial plate, the color and body style, damage you saw, the direction it went, and the time. Paint transfer on your clothing and debris at the scene (a mirror housing, a headlight fragment with a part number) can identify the make and model. Cameras are the most common way these drivers are found. Note every storefront, transit, and traffic camera near the scene and ask the investigating officer to pull them before they are overwritten. Our post on what to do after a bicycle accident with a car lists the same evidence steps, and they apply on foot.

Each jurisdiction also runs a crime victim compensation program that can reimburse some medical costs and lost wages for victims of a hit-and-run, which is a crime, even when no civil recovery is available. It pays last, after insurance, but it is worth an application.

Your own auto insurance may pay a hit-and-run pedestrian claim

Uninsured motorist coverage follows the person, not the car. If you own an auto policy, or you live with a relative who does, that policy’s uninsured motorist coverage generally covers you as a pedestrian struck by a hit-and-run driver. Virginia auto policies include uninsured motorist coverage equal to the liability limits unless the policyholder chose lower limits, DC requires it on every policy, and New York makes it mandatory with optional supplementary coverage on top.

The claim is made against your own insurer, which then defends the case as if it were the driver. Expect the same fault arguments, and in Virginia the same contributory negligence rule, that an at-fault driver’s insurer would raise. Policies also impose conditions: prompt notice, cooperation, and in some states and policies proof that the unknown vehicle actually made contact with you. Virginia permits a lawsuit against an unidentified “John Doe” driver, served on your own uninsured motorist carrier, which is how the claim gets into court when no one is found.

If the driver is later identified and insured, the claim shifts to that driver’s liability policy, and your own insurer’s underinsured motorist coverage may still apply if the driver’s limits are too low. The ordering of these policies is explained in which insurance pays for a pedestrian or cyclist injury.

New York: no-fault benefits and MVAIC

In New York, a pedestrian struck by an insured vehicle receives no-fault benefits for medical bills and lost wages from that vehicle’s insurer. When the vehicle is unknown, the no-fault claim goes to your own household auto policy if one exists. If no household policy exists, the Motor Vehicle Accident Indemnification Corporation (MVAIC) steps in. MVAIC pays no-fault benefits and, for a qualifying injury, bodily injury damages up to its statutory limits.

MVAIC’s conditions are strict and short. The crash must have been reported to the police within 24 hours, or as soon as reasonably possible, and a notice of intention to make a claim must be filed with MVAIC within 90 days of a hit-and-run. Miss that window and the fund can deny the claim regardless of how serious the injury is. The no-fault application itself is due within 30 days under New York’s regulations, whichever insurer or fund ends up paying.

If the driver is found

Identification changes the claim from an uninsured motorist claim to an ordinary liability claim against the driver’s insurer, and it adds a criminal case. A hit-and-run conviction or guilty plea is powerful evidence of consciousness of fault, and the criminal court can order restitution for out-of-pocket losses. The driver’s insurer still owes coverage; fleeing the scene does not void the policy for the injured person’s benefit. Fault is analyzed the same way as in any pedestrian crash, which we cover in who is at fault when a car hits a pedestrian.

Deadlines that run while the driver is still unknown

The statute of limitations does not wait for an arrest. A pedestrian injury suit must be filed within two years in Virginia and three years in DC and New York, and a Virginia John Doe action against your own carrier has to be filed within the same period. Notice to your insurer is due “promptly” under most policies, which in practice means weeks, not months. If the pedestrian died, the family’s claim runs through our wrongful death practice, with its own two-year clock in all three jurisdictions.

If a driver struck you or a family member and fled, a consultation with Capitol Law Partners can identify every policy and fund that may pay and file the notices before they expire. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our pedestrian and bicycle injury claims page or schedule a consultation.