We’re all too familiar with the
sad, depressing and inevitable drill, aren’t we? Sitting in traffic on
some baking or freezing highway, listening to a dizzying and never-ending
succession of “Traffic and Weather on the 1’s” reports and wondering what
massive multi-vehicle disaster is causing this excruciating delay.
And as we slowly make our way
closer and closer, the catastrophe gradually reveals itself to our wondering
eyes: two cars, nose to tail, damage barely perceptible to the naked eye, fully
blocking an entire lane of traffic, while the drivers stubbornly wait for the
police to arrive to adjudicate who was right and who was wrong.
Problem is, the police aren’t
going to do that. Truth is, as long as the damage is minor and you can
drive your car, and nobody is injured or killed, the officers don’t want to be
there at all – they just want you to move out of the traffic lanes. So do
the thousands of cars queued up behind you.
Here’s the reality: If you are in
an accident, you are required by the NYS Vehicle and Traffic Law to stop and
exchange information with the involved drivers. YOU ARE NOT REQUIRED TO REMAIN
AT THE SPOT OF THE ACCIDENT unless there are injuries or a death, or your
vehicle is incapable of being driven safely.
In the event of a minor
fender-bender, you should carefully pull over to a safe, nearby curb or
shoulder, out of the flow of traffic, to exchange information. It is NOT
always necessary to call the NYPD. There will NOT be an on-site
investigation. In some cases, like when the damage is more than $1,000,
you are required to file a police report – but that can be done any time within
ten days of the accident.
If all drivers were aware of this
we would have fewer of the morning messes that plague our commutes.
The following is from the NYS
Department of Motor Vehicle website:
•If the
accident caused property damage only, then exchange information about your
driver license, insurance, and registration with the involved drivers.
•If a
parked vehicle or other property is damaged, or if a domestic animal is
injured, you must locate the owner or contact the police.
•If the
property damage of any person is $1,001 or more, all the involved drivers are
required by the NYS Vehicle and Traffic Law to file a Report of Motor Vehicle
Accident [2] (MV-104). File form MV-104 with the DMV no more than 10 days after
the accident. The DMV can suspend your driver license if you fail to report an
accident.
•If a
person is injured or killed, you are required by the NYS Vehicle and Traffic
Law to immediately notify the police. All the involved drivers and the police
must file an accident report with the DMV. It is a crime to leave the scene of
an accident that causes personal injury or death.
The accident appears on the
records of all the involved drivers. An accident listed on your driver record
does not indicate that you were at fault. The DMV does not try to determine
fault in an accident.
Some folks have expressed
trepidation about insurance implications and the possibility of insurance
companies not being responsive if cars were moved. IN FACT, here’s what some
insurance companies say on their websites about this topic:
- Progressive
Insurance: If you're involved in a minor fender bender, such as
another car rear-ending you or a car changing lanes into you, it's
probably best to move your cars out of traffic after verifying no one is
hurt. In fact, several states have signs along major highways that
advise you to move your car off the road after a minor accident.
- Geico: At the Accident
Scene be sure to:
- Move
your car to a safe nearby location, but be careful not to leave the scene.
- Check
to see if anyone is hurt and call 911 for medical assistance.
- Allstate: Immediately
following a car accident, consider taking the following actions:
- Check
yourself for injuries. If you're injured, call 911 or ask someone else to
do so. If you're seriously injured, try not to move, and wait for
emergency personnel.
- If
you're not too hurt to move, check on the well-being of your passengers.
If anyone's injured, get on the phone with emergency services or ask a
bystander to call for help.
- Get
to safety if you're able to, either on the side of the road or on a
sidewalk. If your car is safe to drive and is causing a hazard where
it is, pull it to the side of the road. Otherwise, leave it where it
is and get yourself to safety.
- State Farm: Immediately After an
Accident
- Take
a deep breath and stay calm.
- Check
for injuries; call an ambulance when in doubt.
- If
accident is minor, move cars to a safe place, out of traffic.
- Turn
on your vehicle's hazard lights and use cones, warning triangles or
flares for safety.
- Call
the police, even if the accident is minor.
- Notify
your insurance agent immediately.