Driving on New York’s streets and highways demands both skill and patience. Despite your best efforts, accidents can still happen in the blink of an eye due to someone else’s negligence. Amidst the tumultuous aftermath of a motor vehicle accident, one of the most critical steps you need to take to protect your rights is to file a police report. Whether it is a fender bender or a severe accident, filing a report with the police department is an important legal step for motorists.
How Long Do You Have to File a Police Report after an Incident in New York?
According to New York State law, any motor vehicle accident causing bodily injury, death, or property damage amounting to at least $1,000 must be reported to the police within 10 days.
If the accident ends in a bodily injury or death, you should file a police report as soon as you are physically able to do so. If you cannot call the police immediately after the accident, you have the option to visit the police station and file a report within 10 days of the accident date. In case you did not know, NYPD has stopped responding to accidents without injuries.
Apart from this, you are also required to file an accident report with the Department of Motor Vehicles (DMV) within 10 days. You need to fill out Form MV-104 and file the report yourself.
For minor accidents (fender benders, non-injury accidents involving a parked car, and accidents involving damages under $1,000), you are not legally required to file a police report. Still, it is advisable to do so for insurance claim purposes.
Why You Should File a Police Report Immediately after a Car Accident
Establishing an Official Record
When the police arrive, or you call them to the accident scene, they can document the incident in an official police report. This report can offer a comprehensive and impartial account of the accident, detailing the date, time, location, and circumstances of the collision. Having an official record can be invaluable if disputes arise later about the details of the incident.
Objective Documentation of the Scene
Police officers are trained to evaluate accident scenes impartially. They can gather evidence, take photographs, measure distances, and interview witnesses. This comprehensive documentation can help establish the facts of the case and provide an accurate and impartial account of what happened. This is especially important if the drivers involved have conflicting stories.
Identification of Parties and Witnesses
A police report generally contains the identification and contact details of all people involved in the collision, along with any witnesses. This information is crucial for follow-up investigations, insurance claims, and legal proceedings. With a police report, tracking down this information later can be easier and more convenient.
Supporting Insurance Claims
Insurance companies place significant reliance on police reports when processing claims. The report serves as an authoritative source of information about the accident, helping to establish liability and the extent of damages. Timely reporting of the accident can expedite the claims process and increase your chances of getting a fair settlement.
Types of Information Covered in a New York Car Accident Report
A typical car accident report in New York will include the following information:
- Date and time of the accident
- Specific location details, including street names, intersections, and any relevant geographic markers
- Description of the weather conditions at the time of the accident
- Names, contact information, driver’s license numbers, and insurance details of the drivers involved
- Make, model, year, color, and vehicle registration details of the vehicles involved.
- Details of how the accident occurred – based on statements from the parties involved and witnesses
- Report of the damage to the vehicles involved
- Details of injuries sustained by the parties involved
- Information on any medical treatment provided at the scene and the hospital to which the injured parties were transported
- Names, contact information, and statements from witnesses
- Observations and assessments made by the police officer
- Information on any traffic laws violated by the involved parties and any tickets or citations issued
- Description of the road conditions
- Name and badge number of the responding officer
Mistakes to Avoid While Filing a Police Report After a Car Accident
Providing Incomplete or Inaccurate Information
When talking to the police, you need to provide complete and accurate information. Be truthful and refrain from guessing or making assumptions about details you are uncertain of. If you do not know something, it is better to say so than to provide incorrect information.
Admitting Fault
Avoid apologizing or saying anything to the police (or anyone else at the accident scene); it can be misunderstood as admitting fault or liability. Let the investigation determine who was at fault based on the available evidence.
Forgetting to Document the Scene
Although the police will document the scene, it is always advisable to report the accident scene yourself – if you are able to do so. Take photos of your injuries, any damage to the vehicles involved, skid marks, traffic signs, and road conditions. It can provide additional support to your version of events.
Omitting Injuries
Do not try to omit or downplay any injury – no matter how minor it might seem. Due to the adrenaline rush, you might not even notice or realize the extent of your injuries. Tell the officer how you feel truthfully, and make sure you do not omit any details.
The Importance of Getting Legal Representation After Filing a Police Report
After filing a police report, it is essential to contact an experienced New York car accident lawyer as soon as you can. The experience of a personal injury lawyer will safeguard your rights and offer invaluable assistance in numerous ways.
Your lawyer can conduct a comprehensive investigation into your accident, identifying all parties that may be responsible for your injuries and gathering the necessary evidence in a timely manner. It can help meet the burden of proof and strengthen your case for compensation.
Early legal representation ensures that you have the guidance of your lawyer while dealing with insurance adjusters. Adjusters from insurance companies often try to minimize your claim or blame you for the accident in order to reduce the payout. With an experienced lawyer on your side, you can make sure that you are not taken advantage of by the insurance company in any way, and you have the best chance of getting the settlement you deserve.
Choose Our New York Car Accident Lawyers to Protect Your Rights
If you have been injured in a car accident, you need strong and effective legal representation to get the settlement you need to get back on your feet. At the Law Offices of Robert E. Brown P.C., we have a demonstrated history of successfully helping car accident victims secure the compensation they are entitled to.
Our legal team is led by Robert Brown, who is a highly-rated personal injury lawyer in New York. As a former NYPD Captain, Mr. Brown brings deep insights into accident investigations and legal proceedings. He knows how to leverage his expertise to maximize your claim’s value and ensure you are fully compensated for your injuries and losses.
A graduate of Harvard, attorney Robert Brown is recognized for his unmatched legal skills, strategic negotiations with insurers, and personalized attention to every case. Under his guidance, our legal team is prepared to fight aggressively and get you the most extensive possible financial compensation you deserve.
