New York’s Office of Administrative Trials and Hearings (OATH) is an independent tribunal where certain hearings are held when the summons are issued by the New York Police Department, and other government agencies, such as the Department of Transportation, Port Authority, and the Mayor’s Office of Special Enforcement.
The OATH agency is part of NYC’s largest administrative court that conducts hearings on violations and summonses issued by City agencies for “quality of life” infractions (those infractions involving the failure to protect health, safety, and the environment), including leaving the scene of an automobile or bicycle accident.
Did you receive a Leaving the Scene of an Accident OATH ticket in New York City? We have extensive experience fighting OATH tickets in New York City; and we have a skilled staff who are ready to give you free advice on your available options. Call us at 212-683-7373, or fill out our online form today!
What Constitutes Leaving the Scene of an Accident in New York?
Accidents happen. Sometimes, they are the results of someone’s negligence. Regardless of whose fault, motorists involved in an accident involving personal injury of another or personal injury may not leave the scene.
Specifically, Section 600 of New York’s Traffic and Vehicle Laws (VTL) defines leaving the scene of an accident as what occurs when a driver who knows or has cause to know that they have caused damage to the property of another without stopping at the place where the accident occurred. Under the VTL, illegally leaving the scene of an accident carries 3 points, and a fine and surcharge. If there is a serious injury, then the charge is elevated to a misdemeanor subjecting the accused, if convicted, to a criminal record.
In addition to stopping, drivers are required to exhibit their driver’s license, as well as proof of car insurance to the owner of the damaged property. The parties are also required to exchange the following information:
- Name
- Address
- Name of car insurance company
- Effective dates of car insurance coverage
- Insurance Policy number
- Driver’s license number
If the owner of the damaged property is not present at the scene of the accident, the negligent party is required to report the damage to the nearest police station.
If a person was injured during the accident, the fine increases to $5,000, plus additional surcharges.
N.Y. New York City Administrative Code 19-191 – Civil Penalties for Leaving the Scene of an Incident Without Reporting
You can be held liable for damages if you leave the scene of an accident. Section 19-191 of New York’s Administrative Code provides that leaving the scene of an accident can subject you to administrative penalties, including:
- A fine of up to $250 (plus applicable mandatory fees);
- Imprisonment of up to 15 days; or
- Both the fine and imprisonment.
Further, subsequent, repeated violations are criminal misdemeanors punishable by a fine between $500 and $1,000.
The regulation states, specifically, that, if you leave the scene of an accident in New York City knowing that you have damaged real estate or personal property, you are liable for a civil penalty of $500-$1,000.
Subsequent violations will cost you $1,000-$2,000 in penalties.
If you have caused an injury to another person with your vehicle and you leave the scene of an accident in New York City, the penalties are much worse.
For the first violation after injuring someone, you will be fined $1,000-$2,000. Second or subsequent violations will result in a fine of $2,000-$5,000. However, if the injury is serious, the fine increases to $2,000-$10,000 for the first violation and then to $10,000-$15,000 for subsequent violations.
What is a “serious” injury?
Under New York penal law, a “serious” injury is a physical injury that carries a substantial risk of death or protracted disfigurement, impairment of health, or loss or impairment of the function of any bodily organ.
If you kill someone and leave the scene of the accident in New York City, you’ll be fined $10,000-$15,000 for the first violation and $15,000-$20,000 for subsequent violations.
There are certain limited exceptions to the obligation to remain at the scene of an accident. However, these circumstances are very specific.
Nevertheless, the exceptions include:
- Requiring medical care;
- Feeling unsafe at the scene;
- The need to leave to summon police;
- The need to obtain medical care for another in your vehicle.
What is Considered to Be a Serious Physical Injury?
For purposes of these laws, the term “serious physical injury” refers to any injury that creates a substantial risk of death, or that causes long-term disfigurement or disability of a body function or any organ.
What Happens if No One Was Injured?
Leaving the scene of an accident still has consequences if nobody was injured. New York law establishes that any driver who causes damage to someone else’s property — regardless of whether it is personal property or real property — is liable for a civil penalty between $500 and $1,000 for the first violation.
If the driver commits a second or subsequent violation, the penalty increases between $1,000 and $2,000.
What Happens When You Get an OATH Ticket?
When you look at the summons, you will find a date and time for a hearing date. You are required to file an answer by the hearing date. If you fail to do so, OATH will enter a default judgment against you, and your penalties will increase.
If you want to accept the charges, you can mark so on the summons and send your payment by the hearing date (you can also pay online). However, keep in mind that doing may expose you to:
- A fine and a surcharge
- Additional administrative fees
- An unfavorable outcome that can be used against you in a related civil proceeding
How To Request an OATH Hearing
Due to the COVID-19 pandemic, OATH is strongly encouraging remote hearings. These can be done in person if you request so at a minimum three business days before your hearing — and it is not guaranteed that it will be approved.
Regardless of whether your hearing is in person or remote, you will have to submit your defense on or before your hearing date. Examples of anything that may help your defense include:
- Photos
- Surveillance video
- Dashcam footage
- Witness testimony
Requesting an In-Person Hearing
To request an in-person hearing, email livehearings@oath.nyc.gov. If OATH determines that this will not result in an undue burden to any of the parties, and everyone can ensure public health protections, they will approve the request.
Requesting a Phone Hearing
If you are ok with conducting the hearing by phone, fill out an OATH online form. You can also opt in to receive text message reminders about your case by texting OATHReminder to 917-451-8829.
Even if you are appearing by phone, all parties are expected to conduct themselves the same way they would be at a courtroom, so make sure to set aside plenty of time to focus exclusively on the call.
Requesting an Online Hearing
If you request a virtual hearing, it will be held telephonically. You will have to submit your evidence in advance and secure a reliable phone connection, and avoid distractions. An OATH employee will be available to provide assistance with the platform.
How a New York Traffic Attorney Can Help
Since 1991, Weiss & Associates, PC have made fighting your traffic ticket as easy as possible. You do not have to appear in court, for instance We offer an initial free consultation, flat fees, and experienced traffic lawyers who will vigorously defend you.
We have extensive experience fighting thousands of traffic tickets in New York City and throughout New York state; and we have a skilled team of lawyers who are ready to give you free advice on your available options. Call us at 212-683-7373, or fill out our online form today!
OATH Hearing Locations
OATH has Hearing Division locations in all boroughs.
Manhattan
66 John Street
10th and 11th Floors
New York, NY 10038
Phone: 844-OATH-NYC (844-628-4692)
Fax: 212-361-1900
Hours: Monday to Friday from 8:00 am until 5:00 pm
Brooklyn
9 Bond Street
6th and 7th Floors
Brooklyn, NY 11201
Phone: 844-OATH-NYC (844-628-4692)
Fax: 718-875-5561
Hours: Monday to Friday from 8:00 am until 5:00 pm
Bronx
260 E. 161 Street, 6th Floor
Bronx, NY 10451
Phone: 844-OATH-NYC (844-628-4692)
Fax: 718-993-3077
Hours: Monday to Friday from 8:00 am until 5:00 pm
Queens
31-00 47 Avenue
3rd and 4th Floor
Long Island City, NY 11101
Phone: 844-OATH-NYC (844-628-4692) on hearing days
Hours: Monday to Friday from 8:00 am until 5:00 pm
Staten Island
350 St. Marks Place
Main Floor
Staten Island, NY 10301
Phone: 844-OATH-NYC (844-628-4692) on hearing days
Fax: 718-815-8391
Hours: Monday to Friday from 8:00 am until 5:00 pm