What to Do After a Car Accident in NYC When the Other Driver Refuses to Share Information

The Irwin Law Firm, PLLC knows from many of our clients that the NYPD no longer sends officers to most car accidents if they believe there are “insufficient injuries”, leaving many accident victims stranded at the scene. But that doesn’t change every driver’s legal obligations and injury victim’s rights.

New York State law still requires all drivers involved in an accident to:

• Stop at the scene and remain there
• Exchange information, including name, address, driver’s license number, vehicle registration, and insurance details
• Report the collision to the DMV within 10 days if there’s injury, death, or property damage exceeding $1,000 (using Form MV-104)

So what happens when the other driver refuses to cooperate or leaves the scene entirely? While it’s a stressful situation, in addition to calling The Irwin Law Firm, PLLC, there are specific steps you can take to protect yourself legally and financially.

1.  Stay Safe and Stay Put

Move your vehicle to a safe area if possible, but do not leave the scene. You are legally required to remain until all obligations (reporting and exchanging information) are complete.

2. Stay Calm and Avoid Confrontation

Many drivers who refuse to share their info may be anxious, scared, uninsured, or even impaired. Stay calm, do not argue, and never try to physically stop them from leaving. Escalating the situation can be unsafe.

3. Collect What Details You Can

If the other driver refuses to cooperate:

• Immediately take photos or video of their vehicle, including their license plate, and any visible damage or other identifying details.
• Note the make, model, color, and location of the accident.
• Capture witness contact info, if anyone saw the incident.
  

4. Call 911 Immediately

Report the incident to 911 right away. Tell the dispatcher that the other driver is refusing to give information or is attempting to leave. NYPD must respond in these situations, as it can be considered a hit and run or criminal refusal to comply. While on with 911, read the other vehicle’s license plate (including the state) to the 911 operator, as well as any other details about the other car and its driver. The Irwin Law Firm, PLLC has the ability to find almost all other vehicle’s insurance coverage details through the state DMV or insurance databases.

5. Document the Scene

While waiting for police:

• Take close up and wide-angle photographs of the full scene. Be sure to record any nearby cameras or business names that might have footage of the accident.
• Make mental note of the time, location, weather, and traffic conditions.

6. Call The Irwin Law Firm, PLLC

You can and should call The Irwin Law Firm, PLLC from the accident scene. We can help walk you through these steps. Don’t worry – you can count on The Irwin Law Firm, PLLC team to support you from start to finish.

7. If They Flee, Treat It as a Hit and Run

If the other driver takes off from the accident scene without exchanging information, give their plate number, direction, and vehicle description to 911 operator or police. This may constitute a hit-and-run criminal offense under New York Vehicle and Traffic Law §600 and may lead to misdemeanor or felony charges depending on certain factors. 

1. Get Checked at Urgent Care or at the Hospital

Even if you thought you felt fine at the scene, you should schedule a medical visit within 24–48 hours. Many common injuries (like whiplash or soft-tissue trauma) surface a few hours or a few days later. Seeing a doctor also ensures your injuries are documented in your medical records, which is essential for no-fault insurance, personal injury, and workers compensation claims.

2. Obtain and Review Reports

• Request the police accident report—it’s usually available within a week or two after the accident. You can obtain it from the NYPD precinct or through the DMV online accident report website.
• If the police did not come to the scene and there were injuries or property damage over $1,000, you must file a DMV accident report (Form MV-104). This must be filed within 10 days of the accident to avoid a potential suspension of your driver’s license under Vehicle and Traffic Law §605.

3. Notify Your Insurance Company

If you do not hire The Irwin Law Firm, PLLC to represent you in your injury case, you must contact your insurance company within 48-72 hours. You should provide:

• The date, location, and other driver’s details (if available)
• The police report number, if you have one
• Photos and witness contacts

Under New York’s no-fault insurance law, you only have 30 days to file your no fault claim to receive medical and lost wage coverage.

4. Coordinate with The Irwin Law Firm, PLLC to Organize All Your Evidence

At home, create a file with:

• Photos and videos from the scene
• Witness statements or contact information
• Names and addresses of all doctors
• Medical receipts and bills
  

5. Avoid Common Mistakes

• Do not post anything on social media about the crash or your recovery; the other car’s insurance company and their attorneys will use it against you.
• Do not speak to the other driver’s insurance company or their attorneys because anything you say will affect your case. If you have already hired The Irwin Law Firm, PLLC we will take care of that for you.

Uninsured Motorist (UM) Coverage: Your Safety Net
Uninsured Motorist coverage pays for your personal injury recovery when you are injured by a driver who either:

• Has no insurance at all
• Flees the scene and cannot be identified (hit-and-run)
• Has insurance but the insurer denies the claim or goes bankrupt

Underinsured Motorist (UIM) Coverage: When the Other Driver’s Insurance Isn’t Enough
Underinsured Motorist coverage kicks in when the at-fault driver does have insurance, but their policy limits are less than yours and their limits are not sufficient to cover your personal injuries.

The Bottom Line
When another driver won’t share information or flees the scene, your own insurance coverage is your primary protection. The coverage you have (or don’t have) directly determines:

• Whether your car gets repaired (comprehensive or collision coverage)
• How your medical bills get paid (no fault coverage)
• Whether you’re compensated for serious injuries (uninsured or underinsured motorist coverage)
• How much comes out of your own pocket

If you experience any injuries, uncooperative drivers, or there is a dispute about liability, don’t navigate this alone. The Irwin Law Firm PLLC has decades of experience handling NYC car and pedestrian accidents where drivers refuse to cooperate or flee the scene. We know how to track down missing information, request surveillance footage, obtain insurance or DMV records, and ensure all paperwork with the DMV and insurance companies are handled correctly, and on time.

When you’re dealing with an uncooperative driver, you need The Irwin Law Firm PLLC – we are not only skilled but will fight hard for you. Our clients have experienced our expertise:

“ I found [The Irwin Law Firm] through google by looking up accident lawyers because the one I had I never spoke to at all. The moment I found Ethan and called him was like he already had information on his table like he knew I was going to call lol. He took on my case with difficult issues and was considerate and attentive. Thank you for everything this past year of all the trials and tribulations I was going through, you made everything smooth.”

Contact The Irwin Law Firm, PLLC for a free consultation to discuss your case.