If you've just been hit by a car as a pedestrian — or someone you love has — the hours and days that follow can feel chaotic. Events move fast: from the crash scene to the hospital to insurance calls. It's hard to know what to do or what to expect.
This guide walks through exactly what happens next, step by step, with a focus on New York-specific rules that affect your situation.
What to Do When a Pedestrian Is Hit by a Car
The moments right after impact matter. Even if you're shaken and in pain, a few actions taken at the scene can make everything that follows easier.
Call 911 immediately. Even if injuries seem minor, call for help. Emergency responders will assess your condition and notify police. Under New York Vehicle and Traffic Law § 600, a driver involved in an accident that causes injury must stop, provide their information, and render aid. If the driver fled, that's a criminal offense — report it to 911 right away and note everything you can about the vehicle: color, make, and any part of the license plate you caught.
Accept medical help at the scene. Adrenaline is powerful. Many people feel fine immediately after a collision and realize hours or days later that they sustained serious injuries. Concussions, spinal injuries, and internal bleeding often have delayed symptoms. Do not refuse an ambulance if one is dispatched.
Document the scene if you can. Before vehicles are moved, photograph the car that hit you, its license plate, road conditions, crosswalk markings, and any visible injuries. Get the driver's name, plate number, insurance information, and driver's license number. Collect contact information from any witnesses.
Step 2: Seek Emergency Medical Care
Your health comes first. Go to the emergency room or urgent care even if you were not taken by ambulance. Some injuries — traumatic brain injuries, internal bleeding, soft tissue damage — won't show up right away.
The medical record from your first visit is the key document tying your injuries to the accident. It shows when you were treated and what was found. Follow every follow-up appointment your doctor schedules. Gaps in your treatment history can complicate both your recovery and any future insurance process.
Be honest with your medical team about every symptom. Keep copies of all medical records, imaging results, and discharge instructions.
What's in this video?
The attorneys at The Orlow Firm discuss the most common types of pedestrian accidents in New York City — including crosswalk accidents, distracted driver incidents, and turning vehicle collisions — and explain how these cases typically unfold.Step 3: The Police Report
In New York, police typically respond to accidents involving injuries. The responding officer prepares an accident report (MV-104), which includes the driver's information, any witness accounts, the officer's observations, and road and weather conditions.
You can request a copy of the police report from the NYPD (for NYC incidents) or your county police department. Review it carefully. If the report contains errors or omits facts that matter, you can submit a supplemental statement to the police.
If the driver fled the scene, make sure the responding officer documents this as a hit-and-run. That designation matters for insurance purposes.
Step 4: New York's No-Fault Insurance — What Pedestrians Need to Know
New York is a no-fault insurance state. Many people don't realize that pedestrians struck by a car are covered under the at-fault driver's auto insurance policy — not just their own.
Under New York Insurance Law § 5103, a pedestrian injured by a motor vehicle is entitled to first-party benefits from the driver's insurer. These benefits cover:
- Medical expenses — related to the accident, up to policy limits
- Lost wages — 80% of your gross wages, up to $2,000 per month
- Essential services — up to $25 per day if you can't perform household tasks
File the No-Fault application (Form NF-2) within 30 days of the accident. This deadline is strict. Missing it can result in denial of benefits. Contact the at-fault driver's insurance company — or your own insurer — to start this process.
No-fault coverage does not cover pain and suffering. A separate personal injury claim handles that — and it requires showing that your injuries meet New York's "serious injury" threshold under Insurance Law § 5102.
If the driver was uninsured or fled the scene, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may step in to provide coverage. You can file a claim directly with MVAIC at mvaic.com.
Step 5: The Weeks That Follow
After the immediate crisis, the paperwork begins. Here is what to expect:
Insurance company contact. The at-fault driver's insurer may reach out to take a recorded statement. You're not required to give one. It's worth knowing your rights before speaking with an adjuster.
Keep every record. Save bills, receipts, and explanations of benefits. Photograph visible injuries as they evolve. Keep brief notes about your symptoms and how they affect your daily life — this is harder to reconstruct later.
Property damage. If your phone, clothing, bag, or other belongings were damaged in the accident, those losses can be part of a claim.
What's in this video?
The Orlow Firm attorneys explain what steps to take if you were injured as a pedestrian crossing an intersection in New York City, including how fault is determined and what documentation matters most.Frequently Asked Questions After a Pedestrian Accident
What if the driver drove away without stopping?
Report the hit-and-run to 911 immediately and note anything identifying about the vehicle. If the driver is never found, you may still recover no-fault benefits through MVAIC, which covers pedestrians injured by unidentified or uninsured drivers in New York. An attorney can help you file that claim.
What if I was partially at fault for the accident?
New York uses a comparative negligence rule under CPLR § 1411. Even if you were partially responsible — say, crossing outside a crosswalk — you can still recover compensation. Your share may be reduced based on your percentage of fault, but partial fault does not automatically bar a claim.
How long do I have to take action in New York?
Under CPLR § 214, most personal injury claims in New York have a three-year statute of limitations from the date of the accident. But the deadline to file for no-fault benefits is just 30 days. Both deadlines matter, and an attorney can help you track them.
What if I don't have health insurance?
No-fault benefits cover medical expenses regardless of whether you have personal health insurance. If no-fault coverage is available — through the at-fault driver's insurer or MVAIC — those benefits apply to your medical bills first.
Can pedestrians get no-fault coverage even if they don't own a car?
Yes. Under New York Insurance Law § 5103, a pedestrian struck by a vehicle is entitled to no-fault benefits from the vehicle owner's or driver's insurer, even if the pedestrian does not own or drive a car.
Sources & Official Resources
New York Laws Cited
- NY VTL § 600 — Driver Duty to Stop and Render Aid
- NY Insurance Law § 5102 — Definitions; "Serious Injury" Threshold
- NY Insurance Law § 5103 — First-Party Benefits; Pedestrian Coverage
- CPLR § 214 — Three-Year Statute of Limitations for Personal Injury
- CPLR § 1411 — Comparative Negligence in New York
Helpful Resources 6. NY Department of Financial Services — No-Fault Auto Insurance 7. Motor Vehicle Accident Indemnification Corporation (MVAIC)
Contact The Orlow Firm
If you or a family member was hit by a car as a pedestrian in Queens or anywhere in New York, you don't have to handle this alone. The steps above lay the groundwork — but the insurance process has strict deadlines, and early decisions can affect your options.
The Orlow Firm has handled pedestrian accident cases in New York for over 40 years. Steven S. Orlow, Brian Seth Orlow, and Adam Moses Orlow offer free consultations and work on contingency — no fee unless we recover for you.
Learn more about how we handle these cases on our Queens pedestrian accident lawyer page.
Call us at (646) 647-3398 for a free consultation. Se Habla Español.
