10 May, 2024
You don’t need a police report to initiate an insurance claim in NY. However, a police accident report can be a valuable way to establish fault with insurance companies following a car crash. It is also much more difficult to win your claim without a police report.
Filing a police report after a car accident can increase the chances of proving liability for your crash. If you are involved in an accident with an uninsured motorist, notify the police within 24 hours to preserve your right to compensation.
It is always a good idea to consult a trusted New York car accident attorney for legal advice on suitable ways to file an insurance claim.
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.Getting our clients the best result possible
New York State law requires drivers to file an accident report if involved in an accident with property damage of one individual (including yourself), which is more than $1,000. The report should be filed within 10 days.
The DMV keeps copies of accident reports for only 4 years from the date of the accident, except in rare circumstances as described by the state vehicle and traffic law.
If your motor vehicle has been involved in a crash, you may request a copy of the report at the precinct where the collision occurred in the first 30 days when the collision occurred.
There are two methods to obtain a motor vehicle collision report:
You can download and complete two copies of the Request for Copy of Collision Record and either mail them to the precinct of occurrence or take them in person to the precinct.
You can order a certified copy of an accident report online if you cannot use the above method.
Login to record request navigator, and provide the:
And at least any of the following information.
If the DMV cannot find an accident report based on the information provided, they will notify you by a certified letter. It takes 14-60 days for a report to become available in the DMV system, depending on when the accident occurred and who filed the report—either the police or the motorist.
Whenever you file an insurance claim, you should remember that the insurance company’s core mandate is to maximize the profits of their shareholders, not justice.
After filing a claim, an insurer may act quickly and table a settlement offer. However, you should refrain from quickly accepting because it is less likely to cover your losses. That said, consider approaching the settlement talks with a legal professional to objectively evaluate the merits of the offers.
If necessary, a car accident attorney can prove the extent of your losses and negotiate for a fair settlement that covers your losses.
A police report provides a source of evidence in settlement negotiations with an insurance company. Even so, the hearsay rule bars you from using a police report as evidence in court.
Instead of introducing a written police report as evidence, an attorney will call whoever wrote the report to stand before the court as a witness.
Depending on the circumstances and facts of your case, you can still prove your injury claim without a police report. For instance, a car accident attorney can call the person who wrote the report to the witness stand. Alternatively, you can use other forms of evidence, including:
The types of damages you can obtain in a car accident will depend on the circumstances of your case and the losses you suffered. The amount of compensation you may be entitled to also depends on the other party’s level of negligence.
Medical expenses form a substantial share of your settlement award if you sustained an injury. You can also obtain the following types of damages:
Most injured victims obtain compensation from the at-fault’s party insurer through out-of-court negotiations. Even so, working with an insurer enhances your chances of receiving a fair settlement value for your losses.
A personal injury attorney will investigate the cause of the accident and demonstrate that someone else’s negligence caused the injuries. They may also review your injury by perusing the medical records, doctor notes, or specialist reports to determine a suitable compensation that matches your injury-related losses.
More importantly, a personal injury attorney can litigate your case in court if an insurer refuses to settle or tables an insufficient offer. An attorney can obtain a fair settlement value for your losses by demonstrating the severity of your injuries.
More importantly, litigation presents several opportunities for a personal injury attorney to negotiate a fair settlement offer.
If you suffered injuries in a car accident, a police report can be critical to recovering injury-related losses like medical expenses, lost income, and pain and suffering from an insurance claim. You should never wait to seek the right car accident attorney to lead the process of gathering evidence.
The Barnes Firm has over 500 years of combined experience and has the knowledge and skills to fight for your rights in a car accident case. Contact us online or at (800) 800-0000 for a free case evaluation.
Long Island Car Accident Lawyer
Rochester Car Accident Attorney
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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