Hit-and-Run Bicycle Accidents: Fighting for Justice

When Drivers Flee, Cyclists Suffer the Consequences

It happens in seconds. A car veers, a body hits the pavement, and the sound of screeching tires fades into the distance. No apology. No exchange of information. Just you—hurting, confused, and left to pick up the pieces.

Hit-and-run bicycle accidents leave more than physical injuries. They leave deep frustration. Fear. A sense that the rules don’t apply to the people who hurt you. And unfortunately, these crashes are far too common in New York.

At Horn Wright, LLP, our personal injury attorneys know the toll these cases take. When a driver hits and runs, it feels like they’re walking away from responsibility. We make sure that’s not the end of your story. We pursue every legal path available to find justice, even when the driver disappears.

How Hit-and-Run Bicycle Accidents Are Handled in New York

New York treats hit-and-run crashes as serious criminal offenses. But for injured cyclists, it’s not just a crime, it’s also a complex civil matter. And the way your case moves forward depends on how much evidence can be gathered and what legal tools apply.

Under Vehicle and Traffic Law § 600, drivers involved in any crash causing injury or property damage must stop and report the incident. Failing to do so is a misdemeanor, or a felony if serious injuries are involved. Still, thousands of hit-and-run cases in New York go unsolved each year, particularly in boroughs like Brooklyn and the Bronx.

If the driver is identified, you can pursue a civil injury claim just like in any other motor vehicle crash. But if they’re never found, your options shift. You may need to turn to your own insurance policy, the Motor Vehicle Accident Indemnification Corporation (MVAIC), or in federal cases, navigate the FTCA process.

Navigating these options isn’t easy. That’s why legal experience, and a fast response, matters. These cases depend heavily on timing, paperwork, and understanding overlapping state and federal processes.

The Role of Uninsured Motorist Coverage

When a hit-and-run driver can’t be identified, New York law allows cyclists to turn to their own Uninsured Motorist (UM) coverage, if they have it. This applies to drivers, passengers, and sometimes cyclists, depending on how the crash occurred.

Under NY Insurance Law § 3420(f)(1), every auto policy in the state is required to include UM protection. If you’re hit while riding your bike and the driver flees, you may be eligible to file a claim through your own car insurance, even though you weren’t driving at the time.

Here’s how it may work:

• If you own a car and have an active policy, your UM coverage could help cover your injuries
• If you live with a relative who has coverage, their policy might apply
• If you have no coverage, MVAIC may offer protection (though stricter rules apply)

UM claims aren’t automatic wins. Insurers will still investigate, request medical records, and sometimes dispute whether a hit-and-run occurred. That’s why a well-documented police report and quick medical attention are so important.

If the vehicle belonged to a government entity, like a city agency or federal department, you may be able to pursue a claim through the Federal Tort Claims Act. But these cases require filing a detailed administrative claim within two years and proving negligence under New York standards.

Evidence Needed to Prove a Hit-and-Run Claim

With the driver gone, proof becomes everything. You’re not just documenting the crash, you’re showing that it happened the way you say it did, and that your injuries are directly related.

Evidence that strengthens hit-and-run bicycle accident claims includes:

• Witness statements: From people who saw the crash, the vehicle, or the aftermath
• Police reports: Especially if the responding officer marked the incident as a hit-and-run
• Video surveillance: From nearby businesses, traffic cams, or personal recording devices

In many New York neighborhoods, cameras are everywhere, but most systems don’t store footage long. That’s why your legal team should act fast. Under CPLR § 3120, attorneys can demand footage or evidence held by third parties before it’s deleted.

Medical records are also key. Emergency room notes, ambulance logs, and diagnostic tests help establish that your injuries are consistent with being struck, and not with a fall or other unrelated incident.

If you’re filing a claim with MVAIC or through the FTCA, the bar for documentation is even higher. You’ll need to submit a full claim package, including a signed affidavit of the hit-and-run, detailed medical evidence, and proof that no other insurance applies. Miss a single step, and the claim may be denied.

Maine Provides Fewer Protections for Hit-and-Run Victims Than New York

If your crash happened across state lines, in rural Maine or along the seacoast, the protections available to you may be weaker than what New York provides.

Here’s how Maine’s system differs:

• Uninsured Motorist (UM) coverage is optional in many Maine policies, meaning you may not be protected unless you specifically added it
• No equivalent to MVAIC exists in Maine, if no coverage applies, you may have no path to compensation
• Hit-and-run claims face tighter procedural barriers in civil court, particularly when the driver’s identity is unknown

New York, by contrast, has built several backup layers for cyclists in hit-and-run cases. Between mandatory UM coverage, access to MVAIC, and broader civil access under CPLR rules, riders here have more tools to recover.

Jurisdiction also matters. If you were hit in Maine but live in New York, your legal team may need to evaluate which state’s laws control the case. The wrong choice can limit your options.

Recovery Options Even if the Driver Is Never Found

It’s a painful truth: many hit-and-run drivers are never identified. But that doesn’t mean your case ends. New York provides several avenues for recovery, even in these heartbreaking circumstances.

If the driver disappears, you can still pursue:

• Uninsured Motorist claims: If you or a household member has auto insurance
• MVAIC compensation: If you meet strict eligibility (must file a police report within 24 hours and apply within 90 days)
• Medical benefits: From your health insurance or no-fault coverage, if available
• Federal compensation: If a federal vehicle fled and its operator can be traced, you may use the FTCA process

Each path has different filing deadlines and paperwork requirements. For example, MVAIC requires a completed MV-104 crash report and proof of failed attempts to identify the driver. UM claims require cooperation with your own insurer’s investigation, and they may deny if they believe you were partly at fault.

Recovery may also include future damages. If your injuries require long-term care or lead to permanent disability, your claim can be structured to reflect those losses. But you must gather the right documentation from the start.

Why Skilled Legal Help Matters in Hit-and-Run Cases

These aren’t simple cases. When the driver flees, everything gets harder, finding evidence, tracking coverage, meeting deadlines, and fighting off denial tactics. That’s why choosing the right lawyer is critical.

A skilled legal team knows how to:

• Track down video and witness evidence before it's lost
• File claims with MVAIC and private insurers that meet every technical requirement
• Push for full compensation even when liability is unclear or contested
• Negotiate with reluctant adjusters who question hit-and-run claims
• Handle FTCA procedures when government vehicles are involved

Hit-and-run bicycle accidents don’t just test your body, they test your resolve. Having someone on your side who’s handled these cases before, who knows what to expect and how to respond, can take a huge weight off your shoulders.

Legal knowledge is power. But experience? That’s what gives it teeth.

Horn Wright, LLP, Fights for Justice in Hit-and-Run Bicycle Accidents

You were hurt. The driver fled. And now you’re left to carry the weight of someone else’s choice. That isn’t justice. That’s abandonment. But we’re here to change that.

At Horn Wright, LLP, our personal injury attorneys have helped cyclists all across New York take back control after hit-and-run crashes. Whether the driver is identified or never found, we pursue every route to compensation and accountability available.

When the system feels stacked against you, we fight to make it work in your favor. Because you deserve answers, and you deserve recovery.