Hit and Run Laws & New York Car Accidents
If you are involved in a car accident in New York State, you must stop after the crash. New York Vehicle and Traffic Law Section 600 requires drivers to take certain steps before leaving the scene of an accident if they know or should know that injuries or property damage resulted. Failing to do this is considered a traffic infraction in property damage cases and a misdemeanor in cases involving injuries.
Before leaving the scene, a driver must show their license and insurance identification card. They also must provide their name, address, insurance carrier, insurance identification information, and license number to the injured person or the person whose property was damaged. If a crash involved injuries, the driver must provide their information to a police officer if they are in the vicinity, or otherwise report the incident to the nearest police station.
Penalties for Leaving the Scene of a New York Accident
Leaving the scene of an accident causing property damage may result in a fine of up to $250 and up to 15 days in jail. The penalties increase if the accident caused injuries. If a driver involved in one of these accidents violates Section 600 based only on failing to show their license and insurance identification card or failing to exchange their information as required, they will face a Class B misdemeanor charge, which can result in a fine of $250 to $500 and up to three months in jail. A violation involving something other than failing to show the license and insurance identification card or failing to exchange the required information is considered a Class A misdemeanor, which can result in a fine of $750 to $1,000 and up to one year in jail. Repeat violations lead to more severe penalties.
Legal Options After a Hit and Run in New York
Despite the penalties for violating Section 600, some drivers still flee the scene of an accident. For example, they may not have the required insurance, or they may be drunk or high and worried about a DWI or DWAI charge. Sometimes the police can track down a hit and run driver, but this does not always happen. When the driver is never caught, an accident victim may need to resort to their uninsured motorist insurance policy.
New York requires auto insurers to provide the same amount of uninsured motorist coverage as the minimum bodily injury limits for liability insurance. These are $25,000 per person per accident and $50,000 for two or more people per accident. (Each amount doubles for injuries resulting in death.)
While a victim will bring this claim against their own insurer, they should know that they still may face a fight. The contractual relationship between the policyholder and the insurer in a first-party claim will not prevent the insurer from contesting the claim to the extent possible. Thus, a car accident victim should consider consulting an attorney who is experienced in these cases. Most of these attorneys work on a contingency fee basis, which means that they will not collect a fee unless they recover compensation for a client. The attorney generally will take a certain percentage of the settlement or verdict, which is usually about one-third.
