N.Y. Laws » CHAPTER Insurance / ARTICLE Motor Vehicle Accident Indemnification Corporation
New York Consolidated Laws

N.Y. Insurance Law § 5217 (2026)

"Hit and run" causes of action

✓ current as of May 2026
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§ 5217. "Hit and run" causes of action. The protection provided by
this article shall not apply to any cause of action by a qualified
person arising out of a motor vehicle accident occurring in this state
against a person whose identity is unascertainable, unless the bodily
injury to the qualified person arose out of physical contact of the
motor vehicle causing the injury with the qualified person or with a
motor vehicle which the qualified person was occupying (meaning in or
upon or entering into or alighting from) at the time of the accident.
Notes of Decisions
Cited in 48 cases (2 in the last 5 years), 1985–2025 · leading case: Allstate Ins. v. Killakey, 580 N.E.2d 399 (NY 1991).
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Allstate Ins. v. Killakey, 580 N.E.2d 399 (NY 1991). · cites it 2× “Although respondent’s claim is made under the deceased’s automobile insurance policy, the policy’s uninsured motorist endorsement follows the statutory language of Insurance Law §5217 with respect to "hit-and-run” accidents, and, thus, is subject to the same interpretation (see,…”
Nationwide Ins. Co. v. Elchehimi, 249 S.W.3d 430 (Tex. 2008). · cites it 2× “21(b)(3)(b) (2007); [5] N.Y. INS. LAW § 5217 (Consol.2008); W. VA.”
Great N. Ins. v. Ballinger, 303 A.D.2d 503 (N.Y. App. Div. 2003). · cites it 2× “Physical contact is a condition precedent to an arbitration based upon a hit-and-run accident involving an unidentified vehicle (see Insurance Law § 5217; Matter of State Farm Mut.”
Nova Cas. Co. v. Musco, 48 A.D.3d 572 (N.Y. App. Div. 2008). “Physical contact is a condition precedent to recovery on an uninsured motorist claim (see Insurance Law § 5217; Matter of Newark Ins.”
Hernandez v. Motor Veh. Accident Indemnification Corp., 120 A.D.3d 1347 (N.Y. App. Div. 2014). “Here, while the petitioner sufficiently pleaded the prima facie elements necessary to commence an action against the MVAIC {see Insurance Law §§ 5217, 5218), the MVAIC raised questions of fact precluding summary determination of the petition.”
Hammon v. Farmers Ins. Grp., 692 P.2d 1202 (Idaho Ct. App. 1985). “020 (1984); N.Y. Ins.Law § 5217 (McKinney Supp.1984); N.”
Utica Mut. Ins. v. Leconte, 3 A.D.3d 534 (N.Y. App. Div. 2004). “Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether there was physical contact between the respondent’s vehicle and the alleged “hit-and-run” vehicle.”
State Farm Mut. Auto. Ins. v. Johnson, 287 A.D.2d 640 (N.Y. App. Div. 2001). “Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, to determine, after a hearing, the issue of whether there was any physical contact between the vehicle owned by Elsie Toussaint and the alleged hit-and-run…”
New York Cent. Mut. Fire Ins. v. Paredes, 289 A.D.2d 495 (N.Y. App. Div. 2001). “Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was for a temporary stay of arbitration pending a hearing is granted, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue…”
Atl. Mut. Ins. v. Shaw, 222 A.D.2d 581 (N.Y. App. Div. 1995). “Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether or not there was physical contact between the vehicle insured by the petitioner…”
New York Cent. Mut. Fire Ins. v. Vento, 63 A.D.3d 841 (N.Y. App. Div. 2009). “v Ballinger, 303 AD2d 503, 504 [2003]; see Insurance Law § 5217; Matter of State Farm Mut.”
Liberty Mut. Ins. v. Vella, 83 A.D.3d 716 (N.Y. App. Div. 2011). “After a framed-issue hearing as to physical contact, the Supreme Court granted Liberty Mutual’s petition and permanently stayed arbitration.”
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