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You are required by law to stop at the scene of an accident if you are involved in a collision. It does not matter whether anyone was injured or the level of damage. You are required by law to stop and remain at the accident scene until you complete your legal requirements.
Drivers are also required to exchange information with the other drivers involved, including their name, address, driver’s license number, vehicle registration, and insurance information. Leaving the scene of an accident without exchanging information is illegal under New York State and Vehicle Traffic Law.
In some situations, drivers may also be required to file a police report and a report with the New York Department of Motor Vehicles. Keep reading to learn more about what our New York car accident attorney has to say about when to file a police report after a crash in New York.
Should I Call the Police After an Accident in New York?
Vehicle accidents that only involve property damage are not required to be reported to the policy, according to the NYPD website. You still must stop to exchange information with the other drivers involved in the accident.
The law requires people to remain at the accident and call the police immediately after a crash if:
- Someone is injured or killed in the collision
- A domestic animal is injured or killed
- A parked vehicle or other property is damaged and you cannot locate the owner of the property
It is also wise to call the police after a traffic accident when the crash involves an intoxicated or impaired driver, uninsured motorist, hit and run accident, or a commercial motor vehicle, such as an 18-wheeler or tractor-trailer.
If a driver refuses to report a car accident to the police, remain at the accident scene and call 911. Try to note as much information as possible about the driver and the vehicle. The police may classify the accident as a hit-and-run accident, which could impact the types of insurance claims available to you.
When Do I File a Motor Vehicle Accident Report with the NYC DMV?
Section 605 of the New York Vehicle & Traffic Law governs filing accident reports after traffic accidents in NYC. According to the law, individuals must file a police report after a crash in NY when any of the following criteria are involved:
- A person is injured or killed
- Damage to the property of one individual exceeds $1,000
- An e-scooter or e-bike is involved and a person is injured or killed.
Form MV-104 Report of Motor Vehicle Accident must be filed with the DMV within 10 days. Drivers also need to notify their insurance providers promptly after an accident under New York’s no-fault laws. It is also essential to seek medical treatment as soon as possible, document the accident scene by taking photographs, and seek legal advice from an experienced NYC personal injury lawyer.
How Do Law Enforcement Officers Assist with Documentation for a Car Accident Claim?
On average, 6,400 to 7,400 traffic accidents occur each month in New York City. Police officers respond to a large number of these accidents. A police report can help you with your accident claim by:
- Giving you an official report documenting that the accident occurred
- Having an official record supporting your version of the events
- Providing detailed information about the people involved in the accident, including their names, contact information, etc.
- Noting the names and contact information for witnesses
- May note fault for the accident, which could be important if you sue the at-fault driver for economic and non-economic damages
If you have any doubt about whether you need a police report, call 911 to speak with an emergency operator. Because it can be difficult to know whether you are injured, filing a police report and seeking medical treatment can help protect your right to a settlement for damages. A personal injury case can help you recover compensation for medical expenses, loss of wages, and other economic damages. You may also recover compensation for non-economic damages, including pain and suffering.
Contact Our New York Car Accident Attorney for More Information
Our legal team at Michael LoGiudice, LLP, helps individuals navigate insurance claims, injuries, and legal deadlines. Call us today to schedule a free consultation with an experienced New York car accident attorney.