What to Do if You Have Been Involved in a Fatal Car Accident in New York

Posted about 5 years ago. Applies to New York, 3 helpful votes



Stay at the accident scene

Although you may feel panicked and fearful, you must stay at the accident scene. If you leave the scene of the accident, you may be charged with criminal and civil penalties even if you were not found at fault..


Give a full report to the police

The police who respond to the scene will do a full investigation of the facts and circumstances of the accident. Make sure you cooperate with the police officer and give a statement of your version of the accident, if you are physically able. DO NOT SPEAK WITH ANYONE ELSE at the scene or admit fault.


Contact your insurance company immediately but no more than 30 days after the accident

Do not give any statements to representatives of any other insurance company who try to contact you. You have no obligation to cooperate with any other insurance carrier but your own. Your company may want to conduct a full investigation including an examination under oath. It is advised that you contact an attorney who has experience handling insurance coverage cases and who can explain your rights and obligations.


Contact a New York Criminal Defense Attorney

If scouring the yellow pages or internet to find the right lawyer is doing nothing more than adding to your confusion, you can find excellent criminal defense attorneys on AVVO.


Ready yourself for the NY DMV Fatality Hearing

All fatal accidents are reported to the New York Division of Motor Vehicles. The DMV will schedule you to testify under oath at a Fatality Hearing. It is recommended that your criminal lawyer accompany you and that you obtain a copy of your testimony.

Additional Resources

The Law Office of Jeena R. Belil

New York State Department of Motor Vehicles Driver's Manual

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