What Happens if I Don’t Report a Car Accident to DMV?
If you do not report an accident to the DMV when you must do so, it can suspend your driver’s license and even press criminal charges that carry substantial fines and possible jail time.
If you sustained injuries in a car accident, the attorneys at Gacovino, Lake & Associates, P.C. would like to help. Call us today at 631-600-0000.
When Must You Report a Car Accident to DMV?
If your accident only caused minimal property damage, you must exchange information with the other involved parties. If you caused property damage, you must locate the owner of the damaged property and notify them. If you cannot locate the owner, you should report the incident to the police.
If the amount of the property damage exceeded $1,000, you must report the incident to the DMV within 10 days. Failure to do so can lead to the suspension of your driver’s license. You may also face fines, jail time, or both if you fail to report that falls under these parameters.
You must report an injury or fatality accident to the police immediately and file a report with the DMV. Failure to do so is a crime under New York law, and it can lead to criminal charges as well as the suspension of your driver’s license and registration. You could face charges up to a Class E felony, punishable by substantial fines and up to four years behind bars.
In the case of an injury or fatality accident, you should never leave the scene of the accident until an officer tells you that you can. Otherwise, the police may charge you with leaving the scene of an injury accident – an offense that carries serious penalties.
To file a self-report with the New York DMV, use Form MV-104 to report a car accident to the DMV.
If you would like a copy of the accident report in question, you can also request an accident report copy from the New York DMV web portal.
Do You Have to Report a Car Accident to Your Insurance Company?
In New York, you have no legal obligation to report a car accident. However, your car insurance policy likely does require you to report the accident to your insurer as soon as you possibly can.
Even if you did not have fault in the accident, you should report the incident to your insurance company. However, you do not legally have to give your insurance company a recorded statement in most cases. In fact, you should call us before giving any details to the insurance company, especially the other driver’s insurer.
A car accident lawyer can help you understand your rights and obligations for reporting an incident to the insurance company, to ensure you protect your rights to seek compensation for your auto insurer, should you have to pursue that option.
What Happens After You Report a Car Accident to DMV?
Once you report your accident to the DMV and, if necessary, to the police, your next step should be calling a car accident lawyer – especially if you sustained significant injuries.
If someone’s negligence led to the crash and caused your injuries, you have the legal right to fair financial compensation. Even if you contributed somewhat to the damages, you have the right to pursue a settlement.
A lawyer can help you understand and protect your rights throughout the claims process. A lawyer can also help you fulfill your legal obligations for reporting to the New York DMV and, if applicable, to your insurance company.
You must take care not to make any statements to the at-fault party’s insurance company that could compromise your rights to pursue a claim. Your lawyer can also ensure that you do not sign any releases or documents that could restrict your rights to obtain financial compensation.
Learn More by Talking to a Car Accident Lawyer for No Cost
In New York, the car accident lawyers of Gacovino, Lake & Associates, P.C. would like to offer you a complimentary consultation to discuss the facts of your injury accident case. Call us at 631-600-0000 to learn more.
What Happens If Someone Else Is Driving My Car And Gets In An Accident?
Whose insurance pays if a friend gets into a crash while driving your car is not always a straightforward answer. It depends on what damages it is paying out, who caused the crash, and even the type of insurance you carry.
The attorneys at Gacovino, Lake & Associates, P.C. can help you figure out who pays for what if someone else has an accident in your car. Call us at 631-600-0000.
If Your Friend Caused the Crash and Your Vehicle Has Damage
If your friend caused the accident, the only insurance coverage that may apply is your collision and comprehensive insurance. If a tree fell on your car while parked at your friend’s house, your comprehensive coverage should pay out. If they caused an accident, though, you would need to file a collision claim and most likely pay a deductible. Your collision and comprehensive insurance always follow the car, so as long as you have this coverage, you will always have insurance to pay for car repairs.
If the Other Driver Caused the Crash and Your Vehicle Has Damage
When the other driver causes a crash, you can file an insurance claim against their auto liability insurance to repair the property damage. If they do not carry liability insurance, we can help you file a claim based on your uninsured/underinsured motorist coverage, or file a lawsuit against the other driver to collect compensation.
If Your Friend Suffered Injuries in the Crash, No Matter Who Caused the Crash
New York State auto insurance laws require all drivers to carry personal injury protection (PIP) insurance to cover their medical care and some lost wages, no matter who causes a crash. Unlike property damage coverage, these policies follow the driver. This means your friend would file a claim based on their PIP policy. If they do not carry this type of policy, they may have coverage through an immediate family member living in the same house — such as a spouse, parent, or sibling.
If the other driver caused the crash and your friend’s injuries are serious and surpass the limits of their policy, they might be able to file a claim based on the at-fault driver’s auto liability coverage.
If Your Friend Caused the Accident, and Another Party Suffered Serious Injuries
In most cases, the other party will rely on their PIP coverage to pay their medical bills. If their injuries are severe, however, they may meet the state’s minimum threshold to file a liability claim. If this occurs, they will file the claim against your auto liability policy.
Contact a Long Island Car Accident Attorney to Learn More
If your friend borrowed your car and was in a crash, we can help you sort out the insurance claims and how to proceed to recover compensation. Call Gacovino, Lake & Associates, P.C. at 631-600-0000 to schedule a free claim evaluation.
What Happens If You Are at Fault in a Car Accident?
If you are at fault in a car accident, your insurer may still cover some of your damages. You may also be responsible for covering the other party’s damages and injuries if they meet certain criteria.
Who Pays for My Damages if I Am at Fault?
Many people mistakenly believe that if they caused the accident, they have to pay all their expenses out of pocket. However, this is not the case.Your insurance may cover certain expenses.
No-Fault Benefits for Lost Wages and Medical Expenses
In New York, all motorists must carry no-fault coverage, or Personal Injury Protection (PIP). This means that you will recover medical expenses and lost wages after an accident, even if you were at fault. Both parties in the accident will file a claim for PIP benefits with their respective insurers.
Be aware that there are a few situations where you may not recover no-fault benefits. Motorcycle riders and drivers who were driving under the influence at the time of their accident may not receive PIP benefits. Your insurer may also deny your benefits if you fail to submit your application within 30 days of the accident without a “reasonable justification” for the delay.
Collision Coverage for Property Damages
No-fault benefits do not apply to property damage. To recover compensation to pay for your vehicle repairs after an accident, you will need to have collision coverage. Collision coverage is an optional add-on for most automobile insurance holders.
What About the Other Party’s Damages?
PIP insurance covers a minimum of $50,000 in medical expenses and lost wages. However, this amount is not enough to compensate the other party if their injuries are serious. If you are at-fault for the accident, you may be liable for the other party’s injuries and damages.
Property Damage Liability Insurance for Property Damage
Property damage liability coverage may pay for any damage an at-fault driver causes to another person’s property. This coverage will only cover the other party’s property damages.
The Other Party May File Suit for Serious Injuries
Because New York is a no-fault state, the other driver or their family can sue you only if they have a “serious injury” as defined by state law. This means the victim must have suffered one or more of the following:
- Death
- Significant disfigurement
- Dismemberment
- Permanent loss of function in parts of the body
- Significant limitation to use of a body function or system
- Loss of a fetus
- Bone Fractures
The other party has three years from the date of injury to file their claim against your you.
At Gacovino, Lake & Associates, P.C. our attorneys assist people who have been in car accidents. If you need help filing an insurance claim after your accident, call our attorneys at 631-600-0000.
