When a car accident happens, emotions run high, and amidst the confusion, drivers can make rash decisions that can negatively impact their chances of claiming compensation. One of the most common errors we see as a personal injury law firm in NYC that handles car accident cases is drivers prematurely leaving the scene, thereby labeling themselves as the offenders in a hit-and-run incident.
But where do we draw the line between a hit-and-run and legally leaving the scene? In this post, we hope to clear your doubts on the matter by explaining how New York views hit-and-run cases, what penalties may apply, and how maintaining this distinction can mean a great deal for securing fair compensation.
When should you report an accident in New York?
In New York, if the accident is minor, it is not compulsory for you to report it to the authorities. However, if an accident results in the death or injury of a person or pet or causes property damage that exceeds $1000, you are legally required to report the accident to the authorities.
Section 600-1 of the New York Vehicle and Traffic Law makes it illegal for a person to leave the scene of an accident without reporting and exchanging key information such as their name, address, license, and insurance details. If an individual leaves the scene without following these steps, the incident will be considered a hit-and-run.
What are the hit-and-run penalties in New York?
The penalties a person may be hit with as the offender of a hit-and-run accident can vary based on the severity of the accident that was not reported. They are as follows:
Accidents with only property damage—Section 600-1 (a)
- Fines—$250-$500 for the first offense
- Jail sentence—15 days for the first offense
- License points—up to 3 license points
Accidents with personal injury—Section 600-2(a)
- A misdemeanor charge
- Fines—up to $1000
- Jail sentence—up to 1 year
- The suspension of your driving license and registration
Accidents that caused serious injury or death
- Felony charge
- Fines—up to $5000
- Prison sentence—up to 7 years
- Revocation of license and registration for at least 1 year
Why does staying at the scene matter?
Staying at the scene of the accident isn’t just about following the law—it’s about doing the right thing. If you’re involved in an accident, but you have suffered no injuries, by remaining at the scene, you can guide authorities to the scene and provide assistance to anyone injured.
At the same time, prematurely leaving the scene can damage your credibility and cause complications when you try to claim compensation through an insurance claim or lawsuit. Prematurely leaving the scene can imply guilt or some manner of wrongdoing, which the insurance company or defendant can point out to delay, deny, or reduce your overall compensation.
Conclusion
Facing a hit-and-run charge by yourself can be quite frightening, which is why you don’t have to go through it alone. If you’re looking for an accident lawyer in New York with the skills and expertise to get you out of a pinch or fight the good fight to help you get the compensation you deserve, then Gabriel Law is the personal injury law firm in NYC for you. Contact us today for your free and confidential consultation and experience a legal service unlike any other.