Dealing with a car accident is already a nightmare. But then you realize the other driver has just fled the scene? Cue the instant shock, rage, and total confusion. In New York, that is classified as a hit-and-run. The steps you take immediately after the incident and in the days that follow are crucial for ensuring your well-being and protecting your rights. That’s whyone of your first and most critical steps should be connecting with our experienced Westchester County Car Accident Attorneys.
Is Leaving the Scene of an Accident Illegal in New York?
First and foremost, it is important to understand that under New York law, a driver who is involved ina. A collision that results in property damage, injury, or death is legally required to stop at or return to the scene to exchange identification and insurance details. Failure to comply with this duty is considered a hit-and-run. The severity of this offense varies; it can range from a violation or misdemeanor, if only property damage occurred, to a serious felony when the accident caused severe bodily injury or fatality.
When a driver flees an accident scene, the reasons can vary widely: they may be driving without a license or valid insurance, intoxicated, operating a stolen vehicle, or already wanted by law enforcement. Sometimes, drivers simply panic and make a poor choice. Regardless of the motivation, the violation is not excused. As the victim, the fleeing driver’s decision does not negate your right to pursue compensation through insurance, or when necessary, a lawsuit.
What Should I Do Immediately After a Hit-and-Run Accident?
Following a hit-and-run, first move to safety. Dial 911 to report the driver’s flight, your location, and request emergency services. Police response is vital for securing the scene, generating a report, and starting the process, which is crucial for your health and your future claim.
If physically capable, gather identifying information about the fleeing vehicle and driver: license plate, make, model, color, unique features, and the direction they fled. Also, find witnesses and note their contact information, as well as any nearby cameras that might have recorded the incident. Never follow a fleeing driver, as doing so puts you and other road users at risk.
How Do I Report the Incident?
Upon arrival, tell the responding officer exactly what happened, noting that the other driver fled the scene. The police report is crucial for your no-fault Personal Injury Protection (PIP) and any uninsured motorist (UM) claim, as insurers rely heavily on it. It typically includes the accident time, date, location, basic injury details, and preliminary observations on damages.
In New York, if the accident causes property damage over a specific monetary threshold or any injuries, you may need to file an MV-104 accident report with the DMV within a set period. Failure to file your required report, even if an officer filed one, can result in penalties and complicate your claim. An attorney or your insurer can advise on filing requirements and proper completion.
Experiencing a hit-and-run accident can be distressing, but you still have options. It’s crucial to act quickly and thoroughly document the incident. Don’t allow the fleeing driver’s actions to prevent you from seeking the compensation and assistance you deserve. Contact an attorney at Hausman & Pendzick today to schedule a consultation.