Drivers involved in a car accident in New York are required by law to stop and share insurance information with the other driver(s) before leaving the scene. If one or more persons are injured in an accident, the drivers are also required to call the police and wait for an officer to file a report. Failure to do one or both can mean being charged with leaving the scene of an accident.
Leaving the Scene: Property Damage
If a car accident results in property damage but no injuries, and someone leaves the scene of the incident without providing the legally required information to the other party, they can face considerable consequences. This can include a fine of up to $250 and a surcharge ranging from $88 to $93.
Leaving the scene of an accident also can result in 15 days in jail. Even if someone does not physically leave the scene, refusing to provide insurance information to the other party before police arrive can mean between three months and
Upon being convicted of leaving the scene of an accident with no or minor injuries, a driver will receive three points on his or her license. Those with a commercial driver’s license may also have their license revoked for one year.
Leaving the Scene: Personal Injury
Leaving the scene of an accident without providing the required information to the other party or law enforcement following a car accident with injuries carries fines ranging from $250 to $5,000, depending on the severity of injuries.
Refusing to give insurance information to the other party before law enforcement arrives also can result in up to three months in jail. This increases to one year if a driver leaves the scene before police arrive. This is considered a criminal offense and will result in a permanent criminal record upon conviction.
Important: For minor property-damage-only accidents, a person does not have to call police but still must stop and exchange insurance and contact information.
What Are the Penalties for Leaving the Scene of an Accident in New York?
Leaving the scene of an accident in NY involving injuries is a crime with a penalty of up to one year in jail. Leaving the scene of a crash involving serious injuries or death is a felony in NY with a potential sentence of up to 7 years.
Fines: The fine for leaving the scene of an accident in NY costs between $0 and $250 if only property damage is involved (no injuries). If there are injuries, the fine is between $250 and $5,000 depending on the severity of the injuries.
Surcharge: New York State imposes a mandatory surcharge of $88 to $93 for leaving the scene of an accident in which no or minor injuries occur.
Points: Drivers will receive 3 points if convicted of leaving the scene of an accident involving no or minor injuries.
License Revocation: Regular drivers can have their license revoked for one year for leaving the scene of a personal injury accident in New York. For CDL drivers, even if there are no injuries, leaving the scene of an accident can mean a one-year revocation.
Jail: Leaving the scene of an accident with no injuries can mean spending up to 15 days in jail. Refusing to provide insurance information following an accident with injuries can mean facing up to three months in jail or up to one year for leaving the scene before police arrive.
Criminal Record: Leaving the scene of an accident resulting in injuries is a crime and a conviction means having a permanent criminal record. A criminal record can have negative consequences on many different aspects of one’s life.
Different Types of Charges in New York
There are two statutes that cover unlawfully leaving the scene of an accident. VTL 600-1a is for accidents in which there is only property damage and no injuries. The statute establishes that a driver is who is or may have been at fault in a property-damage-only accident must share license and insurance information with other driver(s) involved. It is not required for drivers to call the police or wait for police to arrive when no one is injured in an accident and the estimated cost of the damage is less than $1,000.
Under VTL 600-2a, when an accident involves injuries drivers involved must, if physically able, call police and file a report. They also must share personal and insurance information with other parties involved in the accident. This is true regardless of who is at fault for the accident. Failing to do either is a violation of the statute. There are separate penalties for failing to share insurance information and for leaving the scene before police arrive. Doing both means facing two charges under the statute.
Notice: In a single-car accident (e.g., where a vehicle strikes a tree or telephone pole), a person must still call the police if a passenger is injured.
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Common Defenses to Leaving the Scene of an Accident in NY
The following are some potential defense strategies for leaving the scene of an accident.
Mistake of fact: If the defendant honestly did not know that he/she struck another vehicle (such as if they were backing out of a parking space), or reasonably believed that the other driver was waiving them on, then these facts would allow an attorney to present a mistake-of-fact defense.
Violation of 4th Amendment rights: If an incriminating statement by the defendant was coerced or made without the defendant being advised of their Miranda rights, the statement may not be used in court against the defendant.
Examples
There are various ways accidents could result in a hit-and-run scenario.
Physically Leaving the Scene
A driver may end up not seeing a vehicle ahead braking and crash into the back of the other car. Instead of pulling over to assess if there is any damage to the vehicle and providing all of the necessary information to the other party, if the person who rear-ended the other car drives away, this may constitute leaving the scene of an accident.
Refusing to Provide Insurance Information
If someone is worried about his or her insurance premiums going up if an accident is reported, the driver might refuse to provide their insurance information. Although the driver may not have physically left the scene of the accident, the motorist has violated New York’s hit-and-run laws and can face serious legal consequences.
Not Calling For Help
A motorist may end up in an accident that results in the other driver being injured and unable to call for help. If the driver who has not been injured decides to not call for emergency services due to fear of being found guilty of driving under the influence or some other reason, they may be breaking hit-and-run laws.
Owner of Other Car Not Present
If a driver crashes into a parked car, and the owner of the other car cannot be located, it is legally required in New York to call the police and make a report. Failing to do this will result in a violation of state hit-and-run laws.
Case Law Analysis
Although the New York case law regarding VTL 600-1a is complicated, a common thread appears to run through the overwhelming majority of them: verbal evidence from the driver can make or break the prosecution’s case (see People v. Briggs, 38 NY 2d 319; People v. Lewis, 162 AD 2d 760).
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The case law indicates that admitting to the officer that someone hit a car and ran off spells disaster. It might seem obvious to keep quiet and not make any admissions. However, when drivers get nervous and the officer asks what happened, many people will blurt things out like “I didn’t mean to hit him!” more often than you might think.
These types of admissions cannot be excluded from court because they are considered excited utterances and exceptions to the hearsay rule (see People v. Edwards, 47 NY 2d 493). Moreover, if they are made when a person is not officially being interrogated or in custody, Miranda does not apply. Therefore, these admissions are legally used against drivers to help convict them. What is the takeaway? Be careful! Do not say anything that could even imply that you were responsible.
Lastly, the most amazing precedent that is still on the books in NY comes from People v. Hager, 124 Misc. 2d 123. In this case, the court was forced to decide whether a driver must have intent in order to be convicted of leaving the scene of an accident.
Amazingly, the court ruled that because VTL 600-1a and VTL 600-2a are crimes, an intent component is required to convict. Consequently, because facts in the record indicated that the driver in Hager was mentally disturbed at the time of fleeing the scene and that he could not recall what truly transpired, his conviction was upended and he got a new trial.
It is unclear how other courts would rule on this, but two things are for sure: 1) a reputable NY court determined that a driver must intend to flee the scene in order to be convicted and 2) being mentally disturbed—even for a short period of time—might be enough to get a hit-and-run ticket dismissed on appeal.
How a Leaving the Scene of an Accident Charge Affects Out-of-State Drivers
Drivers who live in another state should not assume that they can leave the scene of an accident without facing the consequences. Even minor accidents with no injuries and minimal damage can catch up with a driver if they fail to comply with the law and exchange insurance information. If necessary, it is possible for police to get information from out-of-state licensing authorities to issue charges against drivers who flee accidents. Regardless of the state in which one is licensed to drive, a traffic ticket or other charge from New York authorities must be answered. Out-of-state drivers who refuse to respond to a charge of leaving the scene of an accident can have their right to drive in New York suspended.
Key Takeaways
- Any admission that one was aware of having been in an accident and leaving the scene can be used against a person in hit-and-run cases.
- A person must have intended to flee the scene in order to be convicted of a VTL 600-1 and VTL 600-2.
- A person who lacks mental cognizance or who might otherwise not recall/notice the impact may be able to beat a hit-and-run charge.
- Even if a person has unintentionally confessed to leaving the scene or was caught on video, an attorney may be able to negotiate a reduction in penalties.
Common Questions
- Do I have to call police after an accident if no one is injured?
No. However, information must be exchanged and a person must still file an accident report with the DMV using form MV-104 if the property damage is more than $1,000.
- How long do I have to report an accident?
Drivers have 10 days to report an accident with no injuries. Drivers must call police and file a report immediately in the case of accidents involving injuries.
- Is it a felony to leave the scene of an accident?
In some cases, yes. If the accident is property damage only, then the offense is a traffic violation. A first offense for leaving the scene of an accident involving minor injuries is a misdemeanor. It is also a misdemeanor to fail to provide information for accidents involving any level of injuries. A second offense for leaving the scene of an accident involving minor injuries is a felony. It is also a felony to leave the scene of an accident involving serious injury or death. See the following chart.
- What if I hit something other than a car?
Drivers are still required to report single-car accidents if they involve damage to one’s own or another person’s property. However, unless a person is injured, it is not necessary to call the police.
- Do I have to provide my insurance information to the other motorist in the accident?
Yes, if the accident causes property damage and/or personal injury, you are required to provide your insurance information to the other driver.
- What if I had not realized I was involved in an accident?
If you left the scene of an accident not realizing you were involved, this could provide a defense.
- What if I hit a parked car and cannot locate the owner of the vehicle?
In this case, you are legally required to contact the police and file a report.
- What will happen to my commercial driver’s license if I leave the scene of an accident?
You could have your commercial license revoked for up to one year in this situation.
See the following chart for the severity of the offense.
| Violation | Level of Damage | Severity of Offense |
| Not sharing information | Property Only | Traffic Violation |
| Not sharing information | Injuries (any level) | Misdemeanor |
| Leaving scene | Property Only | Traffic Violation |
| Leaving scene | Minor injuries | Misdemeanor |
| Leaving scene | Serious injuries | Class E Felony |
| Leaving scene | Death | Class D Felony |
Data on Leaving the Scene of an Accident Tickets in New York
Law enforcement agencies reported 9,814 instances of drivers being charged with Leaving the Scene of an Accident in New York State during 2023. According to the data from the Institute of Traffic Safety Management & Research, this is slightly more than the number of tickets issued in 2022 (9,461) and in 2021 (9,614). Since 2014, tickets for this violation have been fluctuating but significantly reduced during the COVID-19 pandemic. After 2020, the figures started to recover, which could indicate a return to more typical driving conditions.
Suffolk County issued the most tickets for this violation in 2023, with 931 tickets in total. It is followed by Westchester (841 tickets), Nassau (770 tickets), and Erie (740 tickets).
Leaving the Scene of an Accident tickets only make up 0.4% of all traffic tickets issued in 2023. However, this is still an alarming number and drivers should not be complacent if they receive this ticket. Additionally, drivers should understand that leaving the scene of an accident is a serious crime in the State of New York.
