Legal Question in Insurance Law in New York

auto accident

My husband was involved in a car accident -- a truck hit him and the other driver was at fault. The other driver admitted his fault at the scene and said he would pay for any damages. They did not call the police right away, and the other driver said he would pay in order to not involve insurance. But since the accident, it looks like the driver may not hold to his word and seems to be trying to avoid phonecalls, etc.

My question is: If my husband files a report with the police now about the accident (it's been less than 5 days), does that automatically go on his insurance, even if he doesn't file a claim for damages with the insurance?

Would filing the report protect him in any way?

If he doesn't file the report, does that open him up to any risk or make him vulnerable in any way?

Thank you very much in advance.


Asked on 1/07/05, 8:03 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: auto accident

Let me explain something-before you worry about anything else after an accident, make sure you are covered if they sue you. If you do not notify your insurance company of the accident they will disclaim liability. If it was not your fault, and you have no citations it shouldn't cause your insurance to increase.

But if you or the other driver happen to need no-fault, you must report it.Its against the law not to report an accident within 30 days on an MV 104 accident report, in NY.

Report it to your insurer and ask for the MV-104, which they will send anyway. The police rarely do anything unless they witness an accident.

Read more
Answered on 1/10/05, 7:43 pm


Related Questions & Answers

More Insurance Law questions and answers in New York