Notifying the Police After a Car Accident in New York: What You Need to Know

As a driver in New York, you know that car accidents can happen at any time. Whether you’re involved in a minor fender bender or a more serious collision, it’s important to know what steps you need to take to ensure that everyone involved is safe and protected. One important step is notifying the police, but when do you need to do this? In this blog, we’ll explore the circumstances under which you are required to notify the police after a auto accident, as well as provide tips for handling the situation. By understanding your legal obligations and knowing how to handle an accident, you can help to protect yourself and others on the road and put yourself and your family in the best position to receive maximum compensation if an injury or death results from the auto accident. 

I. Introduction

Importance of knowing what to do after a car accident in New York

Knowing what to do after an auto accident is crucial for a number of reasons. Firstly, it’s important to ensure the safety of all involved parties. This means checking for injuries and seeking medical attention if necessary, as well as making sure that the scene is secure and that any damaged vehicles are moved to a safe location. Secondly, it’s important to know what to do in order to protect yourself legally. This includes understanding your obligations under New York state law, such as the requirement to notify the police in certain circumstances and to file a report if necessary. Finally, knowing what to do after an auto accident can help to minimize any potential delays or complications in the claims process. By following the proper procedures and gathering the necessary information, you can help to ensure that you are able to receive the compensation you may be entitled to.

Overview of the legal requirements for notifying the police

In New York, there are certain circumstances under which you are required to notify the police after an auto accident. According to state law, you must notify the police if the accident resulted in injury or death to any person, or if the accident caused damage to property in an amount exceeding $1,000. If the accident involved a hit-and-run or an uninsured driver, you must also notify the police. It’s important to note that these requirements apply regardless of who was at fault for the accident. If you are involved in an auto accident that meets any of these criteria, it’s essential that you notify the police as soon as possible in order to protect yourself legally and to ensure that the proper steps are taken to handle the situation. Failure to notify the police in these circumstances can result in legal consequences, so it’s important to understand your obligations under state law.

II. When to notify the police after a car accident in New York

Accidents involving injuries or fatalities

If you are involved in a car accident in New York that results in injury or death to any person, you are required to notify the police as soon as possible. This is a legal requirement under state law, and failure to do so can result in legal consequences. If anyone is injured in an accident, it’s important to seek medical attention immediately. Even if the injuries seem minor, it’s always best to err on the side of caution and have a medical professional assess the situation. If the injuries are severe or if there is a fatality, it’s essential to call 911 right away. The police will be able to provide assistance and help to secure the scene. They will also be able to investigate the accident and determine what caused it, which can be important information for insurance purposes and any potential legal proceedings.

Accidents involving damage to property

In New York, you are required to notify the police if a car accident results in damage to property in an amount exceeding $1,000. This includes damage to your own vehicle as well as any other property that may have been damaged in the accident, such as a fence or a building. If the damage to property is less than $1,000, you are not legally required to notify the police, but it may still be a good idea to do so in order to document the accident and protect yourself legally. If the damage is significant, it’s important to call the police right away. They will be able to investigate the accident and document the damages, which can be important information for insurance purposes and any potential legal proceedings. It’s also a good idea to take pictures of the damage to document the extent of the damage. By following the proper procedures, you can help to ensure that you are able to receive the compensation you may be entitled to.

Accidents involving hit-and-run or uninsured drivers

If you are involved in a car accident in New York that involves a hit-and-run driver or an uninsured driver, you are required to notify the police as soon as possible. This is a legal requirement under state law, and failure to do so can result in legal consequences. If the other driver fled the scene of the accident, it’s important to try to get as much information as possible about their vehicle and any identifying information you may have seen. This can help the police to track down the driver and hold them accountable for the accident. If the other driver is uninsured, it’s important to notify the police and your insurance company right away. Your insurance company will be able to help you navigate the claims process and may be able to provide coverage for any damages or injuries you may have sustained. By following the proper procedures and gathering the necessary information, you can help to protect yourself and ensure that you are able to receive the compensation you may be entitled to.

III. How to notify the police after a car accident in New York

Steps to take at the scene of the accident

If you are involved in a car accident in New York that meets the legal requirements for notification (such as involving injuries or fatalities, damage to property, or a hit-and-run or uninsured driver), it’s important to take the following steps at the scene of the accident in order to notify the police:

  1. Check for injuries: If anyone has been injured in the accident, it’s essential to seek medical attention right away. Even if the injuries seem minor, it’s always best to err on the side of caution and have a medical professional assess the situation. If the injuries are severe or if there is a fatality, it’s essential to call 911 right away.
  2. Secure the scene: If the accident has caused damage to any property or if there are any hazards present, it’s important to take steps to secure the scene. This may involve moving damaged vehicles to a safe location or setting up warning signs to alert other drivers. Furthermore, you are required to remain on the scene and contact the police immediately after a vehicle collision when: Any person is injured or killed; A domestic animal is injured or killed; or, A parked vehicle, or any other property is damaged, and the owner cannot be located.
  3. Gather information: In order to notify the police, you’ll need to provide them with certain information about the accident. This includes the location of the accident, the time it occurred, and any details about the vehicles and drivers involved. As soon as you can after the accident, write down any information you think may be important, such as the weather and traffic at the time, and how you think the accident happened.
  4. Call the police: Once you have gathered the necessary information and taken steps to secure the scene, it’s time to call the police. Be prepared to provide them with the information you have collected about the accident and to answer any questions they may have.

By following these steps, you can help to ensure that the police are notified in a timely and effective manner, which can be important for protecting yourself legally and for handling the accident in the most efficient way possible.

What information to provide to the police

When you notify the police after a car accident, it’s important to provide them with certain information about the accident. This includes:

  1. The location of the accident: Be prepared to give the police the exact location of the accident, including any landmarks or intersections that may be nearby.
  2. The time of the accident: It’s important to give the police the exact time that the accident occurred, as this can be important for the investigation.
  3. Details about the vehicles and drivers involved: The police will need to know the make, model, and license plate number of all vehicles involved in the accident. They’ll also need to know the names and contact information of all drivers involved, as well as any passengers who may have been in the vehicles.
  4. A description of the accident: Be prepared to provide the police with a detailed description of what happened leading up to and during the accident. This should include information about who was at fault and any damages or injuries sustained.

By providing the police with this information, you can help them to accurately document the accident and begin their investigation. It’s important to be as honest and accurate as possible when providing this information, as any discrepancies could potentially affect your ability to receive compensation or could result in legal consequences.

How to file an accident report with the police

If you are required to notify the police after a car accident in New York, it’s important to know how to file a report with them. Here are the steps you’ll need to take:

  1. Call the police: If you haven’t already done so, call the police to report the accident. Be prepared to provide them with the information you have collected about the accident, including the location, time, and details about the vehicles and drivers involved.
  2. Wait for the police to arrive: Once you have called the police, it’s important to stay at the scene of the accident and wait for them to arrive. If you have been injured and need to seek medical attention, the police will make arrangements for you to do so.
  3. Provide the police with any additional information: When the police arrive, they’ll ask you additional questions and may request to see your driver’s license and insurance information. Be prepared to provide them with any additional information they may need. If you were not able to give a statement at the scene, follow up with the police soon after the accident to get a copy of the police report. If your recollection of the accident, the physical evidence, or witness statements vary from the account in the police accident report, you should be able to provide supplementary information. Your attorney can help you get a copy of the accident report and correct any misinformation
  4. File a police report: If the police determine that an accident report is necessary, they’ll provide you with a copy of the report. Be sure to keep this document in a safe place, as you may need it for insurance purposes or for any potential legal proceedings. You do not need to file a police report if the accident solely resulted in car damage. Nevertheless, if people or domestic animals were wounded or killed as a result of the accident or serious property damage, you must file a police report. However, it is advisable to always file a police report after a crash, having a police report will always be a good piece of information in order to pursue a settlement.
  5. Notify your insurance provider: There is no law that requires you to report an accident to the insurance company . Nevertheless, especially in a no-fault state like New York, it is highly advised that you notify your insurance provider about the incident within 30 days. By doing this you ensure you will receive your Personal Injury Protection (PIP) benefits that are used to cover medical expenses and lost wages. Furthermore, if you do not disclose the accident to your insurer, they may reject coverage or make the process of collecting compensation more difficult.

By following these steps, you can help to ensure that a report is filed with the police in a timely and accurate manner. This can be important for protecting yourself legally and for handling the accident in the most efficient way possible.

IV. Tips for handling a car accident in New York

Staying calm and collected

Staying calm and collected is an important tip for properly handling a car accident for a number of reasons. Firstly, it’s important to remain calm in order to ensure the safety of all involved parties. If you are agitated or panicked, you may not be thinking clearly and may not be able to make good decisions about what to do next. By staying calm, you can better assess the situation and take the necessary steps to ensure that everyone is safe and that the scene is secure.

Secondly, staying calm can help you to gather the necessary information and evidence in a more efficient and effective manner. If you are flustered or upset, you may forget important details or may not think to take pictures of the damage or gather witness information. By staying calm, you can better focus on what needs to be done and can help to ensure that you have all the information you need to handle the situation properly.

Finally, staying calm can also help to minimize any potential delays or complications in the claims process. If you are agitated or upset, you may have a harder time communicating with your insurance company or with the police. By staying calm, you can better convey the necessary information and can help to ensure that the process moves along smoothly. Overall, staying calm and collected is an important tip for properly handling a car accident and can help to protect yourself and others in the aftermath of an accident.

Gathering information and evidence

Gathering information and evidence is an important tip for properly handling a car accident for a number of reasons. Firstly, it’s important to gather this information in order to accurately document the accident and any damages or injuries sustained. This can be important for insurance purposes and for any potential legal proceedings. By gathering information and evidence, you can help to ensure that you have a clear and accurate record of what happened and can help to support your case if necessary. File an Accident Report Unless there was only minor ($1,000 or less) property damage, you are required by law to file Form MV-104, Report of Motor Vehicle Accident, with the New York Department of Motor Vehicles. Keep in mind that a misdemeanor prosecution may be filed against a driver who fails to file an accident report with police within 10 days after being obligated to do so. After 10 days, your license and/or registration may be suspended until you file.

Secondly, gathering information and evidence can help you to protect yourself legally. If the other driver was at fault for the accident, having documentation of the accident and any damages or injuries can help you to receive the compensation you may be entitled to. By gathering information and evidence, you can help to build a strong case and can better advocate for yourself in any legal proceedings.

Finally, gathering information and evidence can also help you to handle the accident in a more efficient and effective manner. By having all the necessary information on hand, you can more easily communicate with your insurance company and with the police, which can help to minimize any delays or complications in the claims process. Overall, gathering information and evidence is an important tip for properly handling an auto accident and can help to protect yourself and ensure that you are able to receive the compensation you may be entitled to.

Seeking medical attention if necessary

Seeking medical attention is an important tip for properly handling an auto accident for a number of reasons. Firstly, it’s important to prioritize the health and well-being of all involved parties. If anyone has been injured in the accident, it’s essential to seek medical attention right away. Even if the injuries seem minor, it’s always best to err on the side of caution and have a medical professional assess the situation. If the injuries are severe or if there is a fatality, it’s essential to call 911 right away. By seeking medical attention, you can help to ensure that everyone is safe and that any injuries are properly treated.

Secondly, seeking medical attention can also be important for protecting yourself legally. If you have been injured in the accident, it’s important to document your injuries and to have a medical professional assess the situation. This can help you to receive the compensation you may be entitled to and can help you to build a strong case if necessary.

Finally, seeking medical attention can also help you to handle the accident in a more efficient and effective manner. By seeking medical attention, you can better focus on your own health and well-being and can better handle any legal or insurance issues that may arise. Overall, seeking medical attention is an important tip for properly handling an auto accident and can help to protect yourself and ensure that you are able to receive the compensation you may be entitled to.

V. Conclusion

In conclusion, it’s essential to understand the importance of notifying the police after an auto accident. By following the legal requirements for notification, you can protect yourself legally and ensure that the proper steps are taken to handle the situation. Whether the accident involved injuries or fatalities, damage to property, or a hit-and-run or uninsured driver, it’s important to follow the appropriate procedures and gather the necessary information. By staying calm, gathering information and evidence, and seeking medical attention if necessary, you can help to properly handle the accident and ensure that you are able to receive the compensation you may be entitled to. Overall, it’s crucial to understand the importance of notifying the police after an auto accident and to follow the proper procedures in order to protect yourself and others in the aftermath of an accident.

If you were injured in a New York auto accident as a result of someone else’s negligence, you have rights. Failure to file an accident report on time may complicate your insurance claim (or personal injury lawsuit), but it doesn’t necessarily mean you can’t recover the compensation you deserve. If you have been injured, don’t hesitate to contact Kyle Newman of Uptown Injury Law PLLC. He is a respected and experienced car accident attorney in New York, and he will fight tirelessly to ensure you receive the justice you deserve. You can contact Uptown Injury Law PLLC at 855-233-8728 or by email at support@uptowninjury.com to schedule a free consultation to discuss your case and explore your legal options.

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WRITTEN AND REVIEWED BY

Kyle Newman, Esq.

Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

This article was written and reviewed by Kyle Newman, Esq. Kyle is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum with over 15 years of practice as a New York trial attorney for serious injury and medical malpractice victims. Over that time Kyle Newman, Esq. has won record-setting verdicts and settlements in over a dozen different venues in the State and Federal Courts of New York. He has been consistently recognized as one of the top trial attorneys in America.

Kyle Newman, Esq. is the CEO and Founder of Uptown Injury Law PLLC, a personal injury and medical malpractice law firm with offices in Manhattan and the Bronx. 

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