VTL § 370(4), Failure to Give Notice of Accident (For-Hire)

Vehicle and Traffic Law (VTL) 370(4) is a ticket issued to a driver for a company that gets into an accident and fails to notify their insurance transit company of the accident within five days. This applies to a limo driver, a taxi driver, a shuttle driver, etc. VTL 370(4) is a niche and uncommon ticket, but it is a misdemeanor charge, making it a serious situation that has to be handled properly with an attorney that has experience in such matters.

VTL § 370(4) Statute

Every person operating a motor vehicle or motorcycle as to which a bond or policy of insurance is required by this section, which is in any manner involved in an accident, shall within five days give written notice of the time and place of the accident to the surety or insurer. Failure to give notice of an accident as herein provided shall constitute a misdemeanor, but shall not affect the liability of the surety or insurer.

Source: NYS Vehicle & Traffic Law § 370(4) (nysenate.gov)

Plain-English summary

If you drive a for-hire vehicle (e.g., limo, livery) and it’s in an accident, you must send written notice of the time and place of the accident to your insurer within five days. Failing to do so is a misdemeanor under VTL § 370(4). The law doesn’t let the insurer off the hook for coverage—it just penalizes the operator for not reporting. This section doesn’t apply to ordinary private passenger cars, only to vehicles that require for-hire insurance under § 370.

What are the penalties?

• Criminal Record:This is a misdemeanor. If you plead guilty or are found guilty, you will have a permanent criminal record.
• Fine and surcharge: First offense: $0–$300; second and third offenses within 18 months carry higher penalties. A mandatory $88 (city courts) or $93 (justice courts) surcharge applies.
• Jail: First offense: 0–30 days in jail; second and third offenses within 18 months carry higher penalties.
• Points: 0 points.

Source: VTL § 370(4); NY Assembly/Senate bill search.

Defense analysis

Defenses include: (1) the vehicle was not one for which a bond or policy is required by § 370; (2) written notice was given to the surety or insurer within five days; (3) the vehicle was not “in any manner involved in an accident”; (4) the defendant was not the “person operating” the vehicle at the time. Disputing the date of the accident or the date notice was sent may also be relevant. See VTL § 370(4).

Benjamin Goldman Law Office

If you were charged with a VTL § 370(4) violation, the Benjamin Goldman Law Office can help. Our firm is dedicated to defending motorists charged with traffic related charges. We have been dedicated to our craft since 2011 and have successfully handled hundreds of thousands of cases. The team at the Benjamin Goldman Law Office fights hard for each case to get the most optimal results, and our efforts are reflected in our reviews. Our firm has received many five-star reviews across several different platforms. We will be glad to help with for-hire vehicle charges. Contact us for a complimentary consultation via our contact page.

Fight Your VTL § 370(4) Charge