Leaving The Scene Of An Accident

A split-second decision is often the wrong one; like leaving the scene of an accident. We can help you move past this mistake. Leaving the Scene of an Accident offenses are governed by New York State Vehicle and Traffic Law Section 600. Consequences vary depending on whether anyone was hurt and whether the motorist had a prior conviction for the same type of offense.

§600. Leaving scene of an incident without reporting. 1. Property damage. a. Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property, not including animals, 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 license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual’s insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.

If you are involved in an auto accident in New York, even a minor fender-bender in a parking lot, the vehicle and traffic law above requires that you provide your insurance and license information to the other motorist. If you don’t stop to share your information, but choose to leave the scene instead, you could face criminal charges – the severity depending on the ensuing damages or injuries, if any.

VTL Section 600(1)(a) is traffic offense charge for leaving the scene of an accident involving property damage ONLY. In summary, it specifies 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 the motor vehicle;
• Exhibit their driver’s license;
• Exhibit their insurance identification card; and
• Give their 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.

Consequences: increased insurance premiums aside, a conviction after trial or by a plea of guilty, 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). Personal injury a. 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 said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual’s insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer. (Emphasis added.)

Thus, if the motor vehicle accident resulted in someone suffering PERSONAL INJURIES and the responsible party leaves the scene with reporting, VTL 600(2)(a), the statute specifies 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 the motor vehicle
• Exhibit their driver’s license
• Exhibit their insurance identification card
• Give their name and residence, and
• Report the incident to a law enforcement officer (If there are no police officers in the vicinity, then he or she must report the incident to the nearest police station.)

A violation of VTL 600(2)(a) for leaving the accident scene without reporting constitutes a class B misdemeanor punishable by a fine of $250 to $500 and/or a sentence of up to ninety (90) days in jail. A second conviction for this same offense carries higher fines and up to one (1) year in jail!