Leaving the Scene of an Accident in New York City
If you are involved in a car accident in New York, the law requires that you stop your car and share your insurance and license information with the other person involved. If you don't stop to share your information, but leave the scene instead, you could face serious criminal charges under New York law, the severity depending on the resulting damages or injuries.
New York's leaving the scene of an accident law is found under Vehicle and Traffic Law (VTL) Section 600, and is called Leaving Scene of an Incident Without Reporting.
VTL 600(1)(a) concerns leaving the scene of an accident when property damage results. It states that:
- Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to real property or to the personal property of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred:
- Stop
- Exhibit his or her driver's license
- Exhibit his or her insurance identification card, and
- Give his or her name and residence.
- If the person sustaining the damage is not present, then he or she must report the incident to the nearest police station.
A violation of VTL 600(1)(a) (property damage) constitutes a traffic infraction publishable by a fine of up to $250 and/or a sentence of up to 15 days in jail.
VTL 600(2)(a) concerns leaving the scene of an accident when personal damage results. It states that:
- Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred:
- Stop
- Exhibit his or her driver's license
- Exhibit his or her insurance identification card
- Give his or her name and residence, and
- Report the incident to a police officer.
- If no police officer is in the vicinity, then he or she mustreport the incident to the nearest police station.
A first time violation of VTL 600(2)(a) (personal injury) solely for failing to exchange the required information constitutes a class B misdemeanor punishable by a fine of $250 to $500 and/or a sentence of up to 90 days in jail.
A second time violation of VTL 600(2)(a) (personal injury) solely for failing to exchange the required information constitutes a class A misdemeanor punishable by a fine of $500 to $1000 and/or a sentence of up to 1 year in jail.
A first time violation of VTL 600(2)(a) (personal injury) other than for failing to exchange the required information constitutes a class A misdemeanor punishable by a fine of $500 to $1000 and/or a sentence of up to 1 year in jail.
Any violation of VTL 600(2)(a) (personal injury) other than for failing to exchange the required information where SERIOUS INJURY results constitutes a class E felony punishable by a fine of $1000 to $5000 and/or other penalties including prison time.
Any violation of VTL 600(2)(a) (personal injury) other than for failing to exchange the required information where DEATH results constitutes a class D felony punishable by a fine of $2000 to $5000 and/or other penalties including prison time.
If you were arrested, or received a desk appearance ticket, for leaving the scene of an accident in New York, you need a good defense. Contact us to schedule a confidential case evaluation.