24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Failure to Report an Accident

Failure to Report an Accident

Getting into a car accident is stressful enough without having to worry about potential legal consequences if you don’t handle the aftermath properly. One of the most common issues that can come up is failing to report the accident to the police or your insurance company. While it may seem easier to just exchange info and go on your way, not reporting an accident can actually get you into hot water.

Let’s break down when you need to report an accident, what happens if you don’t, and how to avoid any legal troubles if you find yourself in a fender bender.

When Do You Need to Report an Accident?

In most states, you need to report any accident where there was injury, death, or substantial property damage. The threshold for property damage varies by state, but is usually around $500-$2000.

Here are some common accident scenarios that would require reporting:

  • Any injury or death, no matter how minor. This includes scrapes, bruises etc.
  • Damage to any vehicle that can’t be driven from the scene.
  • Hitting an unattended vehicle and causing damage. You’ll need to make an effort to find the owner.
  • Colliding with property other than a car, like a building, mailbox, or light pole.
  • Hitting a domestic animal like a dog or cat. Wild animals like deer generally don’t need to be reported.

Basically, if there’s significant damage or injury beyond a minor fender bender, you should report it. The police can help determine fault and make sure all the proper information is exchanged.

What Happens If You Leave the Scene?

While it may be tempting to drive away if you only caused minor damage, leaving the scene without exchanging info or reporting the accident can get you in legal trouble. Here are some potential consequences:

  • Hit and Run Charges: Fleeing an accident scene without providing your insurance and registration info is a hit and run, which can be either a misdemeanor or felony depending on the circumstances.
  • License Suspension: In some states, your license may be suspended if you fail to report an accident where injuries or significant damage occurred.
  • Insurance Problems: If you don’t report the accident, your insurance company may refuse to cover any vehicle repairs or injuries. This could leave you footing the bill.
  • Civil Liability: The other driver can take you to civil court over damages even if criminal charges weren’t filed. No police report makes this more likely to happen.

The penalties get more severe if there were any injuries or if you were under the influence when leaving the scene. Bottom line – it’s not worth the risk!

How to Report an Accident Properly

Okay, so you know you should stick around and report any significant accident. Here are some tips on how to handle the situation properly:

1. Move to a Safe Location

If the vehicles are movable, pull over to the nearest safe spot like a parking lot or side street. Turn on your hazard lights. If anyone is injured, call 911 immediately.

2. Check on the Other Driver

Make sure the other motorist is uninjured. Offer to call an ambulance if needed. Don’t say you’re sorry or admit fault.

3. Call the Police

In most states, you must contact the police after any accident where someone was injured or vehicles were severely damaged. Be prepared to provide your location.

4. Exchange Information

Share your name, address, driver’s license number, insurance details, and vehicle registration with the other driver. Get their info too. If there are witnesses, also get their contact details.

5. Document the Scene

Take photos of damage to both vehicles, skid marks, injuries, and the overall scene. This evidence can help determine fault later.

6. File a Report

After the accident, you’ll need to file a crash report with the DMV. Many states require this within 10 days. Your insurance will also need a copy.

7. Follow Up

Contact your insurance about the accident and any repairs needed. Provide them with a copy of the police report. Be sure to follow up on any medical treatment you may need.

By taking the right steps at the scene, you can avoid many legal issues and headaches down the road. The few minutes it takes to exchange information and notify the authorities can save you big time and aggravation later.

While fender benders and minor scrapes generally don’t need to be reported, use your judgement. When in doubt, play it safe and notify the police, even if the damage appears very minor to you. It’s better to be safe and avoid any accusations of fleeing the scene.

What If You Hit a Parked Car?

We’ve all had that stomach sinking feeling when returning to our car to find a fresh new dent or scrape courtesy of a hit and run driver. But what should you do if you damage a parked vehicle?

Just because the owner wasn’t around doesn’t mean you can drive off scot free. Here are the proper steps:

  • Leave a Note: Get paper and pen and leave a note with your contact info and brief description of damage. Secure it under the wiper blade.
  • Take Photos: Use your phone to document the damage to both vehicles. Take wide shots and close-ups.
  • Report It: Call the non-emergency police line and report the accident. Be ready to provide descriptions of the damage and location.
  • Call Your Insurance: Notify your provider of the accident. They’ll guide you through next steps. Don’t admit fault.
  • Follow Up: Try contacting the owner if possible. Exchange insurance information. Get a cost estimate for repairs.

Even if the damage appears very minor, following these steps shows integrity. It can prevent the other owner from having to track you down and prove you were responsible. Hit and runs often lead to criminal charges, so don’t just drive away thinking no one will notice some paint scratches or a small dent. Do the right thing.

What If You Hit an Animal?

Let’s say you’re driving along and a squirrel or other critter darts out and you accidentally hit it. Do you need to report hitting an animal?

In most cases, animals are considered property of the state so you are not legally required to report hitting them. However, here are some tips on handling the situation:

  • Stop if it’s safe to check the condition of the animal. If it’s suffering but still alive, call animal control. Don’t try to move it yourself.
  • If the animal is dead, you can remove it from the roadway if you can do so safely. Wear gloves and be careful of traffic.
  • Deer or other large animals may still be alive even if they are lying motionless. Keep your distance since injured animals can lash out. Wait for animal control.
  • If the collision caused major damage or injury, you should report it like any other accident.
  • Notify your insurance if there is damage to your car, especially broken headlights or body damage. Comprehensive coverage often covers animal collisions.
  • In some states, you must report hitting certain protected species like eagles or deer. Look up local laws.
  • If you hit a pet, try contacting the owner. Get vet info if the animal is injured. Offer to pay vet bills.

While hitting Fluffy the tabby does not need to be reported, use common sense. Don’t flee the scene if the animal is suffering. And take responsibility if your vehicle sustained serious damage so your insurance can cover repairs.

What If You’re Too Injured to Report?

Let’s say you’re in an accident serious enough to cause injuries that require immediate medical attention. Obviously your top priority should be getting medical care, but what about reporting the accident?

First, call for emergency assistance if you can. Police, fire, and ambulance crews will respond to assess the scene and transport the injured. If you are unable to make the call yourself, rely on other motorists who stop to help get help on the way.

At the emergency room, let hospital staff know you have been in an auto accident. They are required to alert law enforcement so an official report can be filed. The officers may come speak with you to get details after you have been treated.

Cooperate with the investigation as much as possible, but focus on recovering first. Your statements can be officially recorded later when you are out of the hospital.

The insurance claims process may be delayed due to your injuries, but the important thing is making sure you get proper medical care. Your provider will work with you on sorting out fault and vehicle repairs after you have healed up.

With severe injuries, reporting the accident itself takes a back seat to getting medical treatment. The first responders and hospital staff will notify the proper authorities on your behalf while you focus on recovery.

What If the Accident Wasn’t Your Fault?

Getting into an accident is bad enough without the added frustration of it not even being your fault. When another driver causes a collision, here are some tips for handling the situation:

Don’t Admit Fault

Even if you want to be polite, don’t apologize or say it was your fault. That can be used against you later. Just stick to the facts.

Get a Police Report

Having an official accident report from the responding officer is crucial for determining liability later. Provide your account of what happened.

Exchange Information

Get the other driver’s name, license, registration, and insurance. Also get contact info for any passengers or witnesses.

Seek Medical Attention

Don’t refuse EMS if needed. Even minor injuries like whiplash can develop later. A medical record will document your injuries.

Contact Your Insurance

Notify your provider of the accident right away. Cooperate fully with the claims process. Your adjuster will handle contacting the at-fault driver’s insurance.

Keep Records

Hold on to any accident photos, medical bills, repair estimates, and other documentation. This will help your insurer prove the other party was liable.

Consult an Attorney

For major injuries or complex disputes over fault, consulting a lawyer can ensure you get fully compensated. Most offer free consultations.

Being in an accident is upsetting enough without having to fight over who’s at fault. Having detailed records and following the proper steps will make the claims process smoother so you can recover.

Schedule Your Consultation Now