Driving can be dangerous regardless of whether you’re in Rockland County or the Hudson Valley, but navigating the bustling streets of New York City can be even more daunting. It is important to know what to do if you get into a car crash. What are your rights? What are your legal obligations? When should you call the cops? If you are involved in a car accident, you should know when you are legally obligated to call the police. Work with a Rockland County car accident lawyer to learn more about your rights and options after getting into a car crash.
What New York Law Says About Calling the Police Following an Accident
According to New York Vehicle & Traffic Law §605, individuals who are involved in a motor vehicle accident are not required to call the police unless certain circumstances are true. If the collision resulted in only minor (less than $1,000) damage, neither driver is required to report the accident to the police.
You should also understand that the law will differentiate between a police report following a car crash and a motorist report filed directly with the DMV. In most instances, even if a police report has been filed, if you are in an accident that results in injuries, death, or damage exceeding $1,000, all parties involved are legally required to submit an individual Form MV-104 with the DMV.
When You Are Legally Required to Call the Police
However, under the following conditions, you are required by law to notify the police of the accident and wait at the scene until their arrival.
When You Must Call the Police Immediately
You are required to contact the police immediately if:
- A person is injured or killed
- Property damage exceeds $1,000
- A domestic animal is injured or killed
- A parked vehicle or other property is damaged, and the owner cannot be found
Why Remaining At the Scene Is Critical
In the event you are in a collision, even if you are not at fault, you cannot leave the accident scene without first exchanging information with the other driver. This can be considered leaving the scene.
Additionally, failing to report the accident when you are legally required to can result in:
- Suspension of your driver’s license
- Fines and penalties
- Insurance issues
- Damage to your legal claim for compensation
Do I Have Any Legal Obligations After a Car Accident in New York?
Although you may not have to report the accident to the police, you do have certain responsibilities in Rockland County. It is against the law to leave the scene of a collision without exchanging contact information with the other drivers or individuals involved. You are responsible for sharing your driver’s license number, insurance information, and vehicle registration.
If the accident resulted in damage totaling over $1,000, you are required to file a Report of Motor Vehicle Accident with the DMV (Department of Motor Vehicles). Neglecting to file this report can result in a license suspension. You can find this form online or at your local police department.
Do I Have to Call the Police if No One Was Injured?
You are not legally obligated to call the police in collisions where:
- No injuries occur
- All drivers remain at the scene
- Owners of damaged property are present
- Damage appears minor
However, it may still be in your best interest to obtain a formal police report.
When Calling the Police May Be a Good Idea
- Fault is disputed
- The other driver will not exchange information
- The other driver may be intoxicated
- You anticipate filing an insurance or injury claim
Why Filing a Police Report Can Help Protect Your Rights
Even when it’s not legally required, you may still benefit from filing a collision report in a number of circumstances if your collision occurred in Rockland County or anywhere in New York.
How a Police Report Can Help After a Collision
- Formally documents the date, time, and location of the collision
- Confirms that the crash actually happened
- Ensures that driver insurance and contact information are documented
- Often includes witness statements and scene observations
- Can help establish liability
Why a Police Report Matters for Insurance
- New York is a no-fault insurance state, meaning each driver files against their own policy, regardless of fault
- However, insurers may still request a police report or challenge injuries
Having a police report before filing with your insurance can help reduce the risk of the other driver changing their story and help prevent the insurance company from undervaluing your claim.
What Happens If You Don’t Call the Police or Report the Accident in New York?
If you fail to call the police to report an accident when you are legally obligated to do so, even if you are not technically at fault, you can face a litany of consequences.
DMV Penalties
- License suspension for failure to file Form MV-104
- Potential fines
Insurance Penalties
- Denial of claim
- Reduced compensation
- Difficulty proving injury or property damages
Legal Claim Consequences
If you fail to file a collision report, your claim may be scrutinized or disputed by the insurance company. They may wonder why you are suing if the accident wasn’t serious enough to report, ultimately impacting your credibility and weakening your arguments.
Step-by-Step: What to Do After a New York Car Accident
When you are involved in a car accident in New York, taking the necessary steps to protect yourself is critical. As such, understanding what to do if you are involved in a collision is imperative.
At the Scene
- Check for injuries and call 911 to report the accident
- Move vehicles if it is safe to do so
- Seek medical attention even if you feel okay
- Exchange contact and insurance information with the other driver
- Take photos and videos of the scene
- Do not allude to or admit fault
- Obtain witness names and contact information
Within the 72 Hours Following the Collision
- Follow up with your medical provider even if symptoms are minor
- Inform your insurance company (check policy for your specific notification deadline)
- File DMV Form MV-104
- Contact an experienced personal injury attorney
Contact Our New York Car Accident Attorneys
If you have been injured in a collision in New York, trying to fight for the compensation you deserve while healing from the injuries suffered can be overwhelming. That is why working with Mitchell J. Schroder, P.C. is in your best interest. Our firm can help you navigate this process to fight for the best possible outcome. Contact us today to learn more about your options.
