Leaving an Accident Scene in New York: Illegal — Severe Penalties Apply
It is a crime to leave the scene of any accident in New York State — whether injury, death, or property damage only. No exceptions for "minor" fender-benders.
Legal Obligations (VTL §600)
- Stop Immediately at scene (or as close as safe).
- Exchange Info: Name, address, insurance, registration, license — with other driver(s) & police.
- Render Aid: If anyone injured — call 911, provide reasonable assistance (don't move injured unless danger).
- Report:
- Injury/Death: Police immediately + DMV (Form MV-104) within 10 days if damage >$1,000.
- Property Damage Only (>$1,000): DMV within 10 days (Form MV-104). Police report recommended.
Penalties (Escalating Severity)
| Scenario | Charge | Max Penalty |
|---|
| Property Damage Only (≤$1,000), no report | Traffic Infraction (VTL 600(1)) | $250 fine, 15 days jail |
| Property Damage >$1,000, no report | Class B Misdemeanor (VTL 600(2)) | $500 fine, 90 days jail |
| Injury — Left Scene | Class A Misdemeanor (VTL 600(2)) | $1,000 fine, 1 year jail |
| Serious Physical Injury — Left Scene | Class E Felony (VTL 600(2-a)) | $5,000 fine, 4 years prison |
| Death — Left Scene | Class D Felony (VTL 600(2-a)) | $5,000 fine, 7 years prison |
Aggravating Factors
- DUI/DWAI + leaving = mandatory minimums, license revocation.
- Prior convictions = enhanced sentencing.
- Civil liability: punitive damages likely; insurance may deny coverage (policy breach).
Narrow Exceptions (Affirmative Defenses)
- Immediate Danger: Fire, explosion, gunfire — leave to safety, return ASAP / call 911.
- Medical Emergency: Driver/passenger needs urgent care — go to hospital, report immediately.
- Burden of proof on driver. Never assume you qualify.
Bottom Line
STOP. EXCHANGE. REPORT. Even a scratched bumper. Call police if any doubt. A ticket beats a felony.
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