Going back to the scene after driving away from a collision

Attorney Answer

Going back was the right instinct, but it does not finish the job. When the other driver is gone, New York's statute does not say wait — it says report to the police.

Vehicle and Traffic Law § 600(1)(a) sets the duty:

Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property, not including animals, of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.

The second half of that sentence is the part that fits what happened when you returned. The other driver was not "present at the place where the damage occurred," so the statute's answer is a report "as soon as physically able to the nearest police station, or judicial officer." The guard's advice was kindly meant, but it is not what the law asks. Whether anyone else has reported the collision does not change what the statute requires of you.

Where only property was damaged, the same subdivision fixes the consequence:

A violation of the provisions of paragraph a of this subdivision shall constitute a traffic infraction punishable by a fine of up to two hundred fifty dollars or a sentence of imprisonment for up to fifteen days or both such fine and imprisonment.

That penalty is for property damage alone, and it is worth knowing why that matters here. The other car was occupied. If anyone in it was hurt — even slightly, even in a way that only showed up later — subdivision 2 of the same section applies instead, and leaving can then be a misdemeanor. You do not know yet whether anyone was hurt, and that uncertainty is one more reason not to treat this as something to wait out.

The collision itself is a separate, civil question. How responsibility for the damage is shared depends on exactly how it happened — where each car was, why the first car was stopped, and what each driver could see. That is a question for the insurers and, if it comes to it, for an attorney with the full facts. Leaving does not decide it either way.

What you do in the next day or so matters more than anything that has happened so far.

What you can do

1. Talk to a New York lawyer today about the report Vehicle and Traffic Law § 600(1)(a) requires — how to make it, when, and whether the lawyer should make the first contact. A late report is still a statement about your own conduct, and the way it is made matters.

2. Do not describe what happened to anyone else in the meantime — not in a message, not on social media, and not to an insurer's adjuster on a recorded line.

3. Keep what already exists: photographs of your car, any dash-camera footage, and anything on your phone showing where you were and when.

4. Ask the lawyer how and when to notify your own insurer. Policies require prompt notice, and the notice is itself an account of what happened.

5. If the police contact you first, say politely that you would like to speak with a lawyer before answering questions.

⏱ Time limits apply. Vehicle and Traffic Law § 600(1)(a) requires a report "as soon as physically able" where the other driver is not present, and every period that follows is measured from the date of the collision. The other driver generally has three years under CPLR 214 to bring a claim over damage to their car. Take the date to a New York attorney now rather than estimating what has or has not run.

A New York attorney can look at the specifics quickly, and most offer a short first conversation at no cost. A few minutes on your actual facts is worth more than any general guidance, this page included.