Getting A Copy Of An Nyc Car Accident Police Report
Once you have filed a car accident report, if you plan to make an insurance claim or one is filed against your liability insurance that you dispute, youll need to obtain a copy of each report filed.
- If police filed the accident report electronically or it occurred in one of the five boroughs of New York City, allow at least 14 days from the date of the accident before requesting it or looking for it online.
- If police used a paper form to report the accident, allow at least 30 days from the date of the accident.
- For the accident report filed by a motorist , allow at least 60 days.
You can go to the police precinct with the jurisdiction where the accident happened, or get the reports online or through the mail. You must pay a required search fee of $10 and an additional report fee of $15 for each accident report you order by mail. The cost is less when you order an accident report online.
To order a copy of a motorist accident report you must:
- Be named on the accident report, or
- Be a party to a civil action that arose from the accident, or
- Provide legal representation to a person named on the report, or
- Represent a person who is a party to a civil action that arose from the accident.
The various accident reports a police report and those filed by the motorists involved are the first evidence of the accident and injuries having happened. They are basic to an insurance claim.
Is A Police Report Necessary To File An Insurance Claim In Colorado
No, a police report is not necessary to file an insurance claim in Colorado. You may simply contact your insurance company and tell them that theres been an accident. Without a police report, the insurance company might question the circumstances of the accident or ask further questions about who is at fault for the accident. However, you should still be able to recover from your insurance policy with the same terms that you would get a payment if the police had made a report in your case as long as you file within Colorados statute of limitations.
How A Missing Police Report Might Negatively Impact Your Claim
Even though insurers may not deny a claim simply because you never filed a police report, they could use this against you. Lacking this key piece of evidence could affect your claim because your accident could become a he-said, she-said argument with no objective third-party to assign fault.
Keep in mind that passengers in your vehicle are not considered impartial witnesses to the insurance company since he or she may have a stake in who gets assigned fault.
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Insurance To Use If Someone Hits Your Parked Car
If your car is hit while parked, you can use your collision insurance or uninsured/underinsured motorist coverage to pay for the damage. Both types of coverage typically have a deductible, though, which means youll probably pay something out of pocket to get your car fixed. Youll also be subject to your policy limits, so youll be responsible for any cost that exceeds your coverage terms.
Finally, its important to note that uninsured motorist property damage coverage is not available in some states. And in other states where it is available, you might be unable to use it if the at-fault driver is unidentified.
Most insurance companies check your driving record for the past three to five years, meaning if you had a violation outside this time period, it will not affect your insurance premiums. Some states regulate this look-back period, however, making it longer or shorter. For example, Massachusetts allows insurance companies to look back at 10 years of driving records. Virginia limits insurers to checking only three years of history.read full answer
When you apply for, or renew, your auto insurance, the insurance company will evaluate your risk level how likely you are to cost them money through claims. The best way to do this is by reviewing your driving record. Insurers look for accident reports and both major and minor driving violations.
What Is On The Police Report
In order to understand why the police report might play an important role in your car insurance claim, it is helpful to know what exactly is on the police report and how it pertains to your claim. There is a lot of information on a police report, including but not limited to:
- A suggestion of who is the at-fault party and why they are responsible
- Weather conditions
- Description of vehicles
- Description of drivers
- Description of vehicle damages
If your vehicle was stolen or vandalized, your police report may also contain information about the neighborhood, additional clues as to the culprits, and information that could lead to the recovery of a stolen vehicle.
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Florida Law May Require A Police Report In Your Circumstances
While you may be able to file a car accident claim without a police report, and a minor car accident does not legally require one, some situations make mandatory. If a car involved in the accident was so damaged that it had to be towed from the scene, a police report is mandatory. The law also requires the filing of a police report in ten days or sooner if the accident:
- Resulted in injuries or death
- Caused more than $500 in damages
- Blocked traffic
- Was due to driving under the influence of drugs or alcohol
Your attorney can explain any additional circumstances that may also require you to file a police report, as well as the importance of documenting your accident even if the law does not require you to do so.
Are There Consequences For Not Calling The Police After An Auto Accident
Georgia law requires that most car wrecks be reported to the police as found in O.C.G.A. § 40-6-273. This statute requires a person involved in a motor vehicle crash resulting in injury or death to any other person or damage to a vehicle to an apparent extent of $500 or more to report the crash to the local police by the quickest means of communication.
Failure to do so is punishable as a misdemeanor offense. Thus, in virtually all motor vehicle crashes, making a report to the police is mandatory.
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Dont Discuss Your Case With Non
While you may discuss what happened with family, you should be cautious about talking with others about your accident. Conversations with friends or with the general public are not protected by confidentiality privileges. In particular, never discuss your crash on social media sites such as Facebook and Twitter.
Tell Your Insurer When Serious Car Damage Or Injuries Could Be Lurking
Others damage: Even if the other driver is honest and the accident was only a fender bender, the damage might be more serious than it first appears. In 2015 the average property-damage liability claim was $3,593, according to ISO, a data analytics provider.
Others injuries: Likewise, it can be hard to tell whether injuries are involved at the scene of an accident. Some injuries, such as whiplash, have delayed symptoms that might not show up right away. You definitely dont want to be held responsible for paying someone elses medical bills. Let your insurer handle it. The average injury liability claim was $17,024 in 2015, according to ISO.
Your own car damage: Your car might have hidden damage. Your collision insurance will pay for repairs, minus your deductible. ISO reports that the average collision claim was $3,350 in 2015. Your policy likely requires you to notify the insurance company within a reasonable amount of time after the accident. Waiting too long could jeopardize a claim payment.
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When It Isnt Necessary
There are some situations in which it isnât appropriate to call the police or file a police report. These situations include natural disasters and accidents with stationary objects. In these cases, your word along with documentation such as weather reports or pictures of the damages will be all you need to file and process a claim with your car insurance company.
Begin The Claims Process With Your Insurance Company
Your insurance company will guide you through the claims process and contact the other drivers insurance provider on your behalf, if the person who hit your car left a note. If someone hit your car and didnt leave a note, youll have to file a claim using your own collision coverage or uninsured motorist protection, assuming you carry these coverage types.
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Do Insurance Providers Require Accident Reports When Processing Claims
Yes, most insurance companies require a police report when assessing property damage and personal injury claims.
Even if your insurance company does not require a formal accident report, the documents can be helpful. They establish that another party caused the collision and help you negotiate a proper settlement. In addition, many car accident attorneys use police reports to ensure an insurance adjuster covers all of the victims losses.
For a free legal consultation, call
Why Is It Important To Call The Police After An Accident
If you dont report your car accident, you risk your insurance company denying coverage, and you risk not being able to file a claim for damages against another at-fault party without a police report. You have to report your car accident to both your insurance company and the police if you want to protect your rights to recover compensation.
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How Can I Get A Copy Of The Police Report From My Car Accident
If you are ever involved in a car accident, you should call the police immediately. Even if you think that the accident is minor, having a police officer on the scene filing a report could greatly help you claim compensation later on.
If you have already been involved in a car accident and police showed up at the scene, you can get a copy of the report. If you are yet to receive one or you have misplaced your copy, you should contact a lawyer at our law firm. They will be able to get a new copy for you from the local precinct.
If you are unsure whether a police report was ever filed, you should call us today for a free case evaluation. A member of our legal team will be able to assist you in searching for and obtaining you a police report copy if one exists.
Let Us Help You File Your Claim
Your best chance at a favorable outcome to your accident claim is by having evidence that proves another driver is responsible for an accident that caused your injuries.
Our attorneys are prepared to help you prove another drivers negligence, even if you did not file a police report.
Learn how. Call today at
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Contact Your Car Insurance Provider
As we mentioned earlier, your insurance company might have an app to streamline this step, but if they donât you should call your provider. Even if you believe you werenât at fault in the accident and plan on filing a third-party claim with the other personâs insurance, you should notify your own provider.
Collecting Evidence For Your Case
If you are in a car accident with no police report and no witness, you may still seek compensation and build a case. In order to build a strong case, you will need strong evidence. You first need what is called a burden of proof, meaning you need to show that the other party is liable for the accident. Liability is the responsibility of the persons actions. When making a claim, you, the plaintiff, will attempt to prove liability for the other partys negligence.
To prove liability and file a claim, you, with the help of your car accident attorney, need to collect as much evidence as possible detailing the accident. To document the evidence, you can:
- Take photos and videos of your scene. If your phone has video recording, we recommend taking a video around the entire accident. Make sure you get all damages in the recording on both your car and where contact was made with the other vehicle. If there are skid marks or broken glass, include that in your video and with additional pictures
- Collect the information of the other party involved in the accident, including name and insurance details
- If there happen to be eyewitnesses, gather their information
- Write down a detailed description of the accident. Any information you can remember should go in this description, including weather conditions, time of day, and surroundings
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Contact Thomas J Henry
If you find yourself in a situation that includes a car accident, my fault, no police report, and witnesses arent stepping forward, contact Thomas J. Henry Law. Our law firm prides itself on client satisfaction. Whether you need a San Antonio car wreck attorney or are searching for an Austin car accident lawyer, we have the experience and knowledge to handle your case.
Protect Yourselfalways Call The Police After An Auto Accident In Atlanta
The bottom line is in truly rare instances it is possible to make a car accident injury claim without having a police report. But the better practice by far even in minor crashes is to call the police and have a report generated because you just never know what may happen down the road. Having a police report can make the insurance claim process for car accidents much easier. Do not feel guilty that the other driver may be given a traffic ticket. That decision is up to the police officer, and plenty of times the officer may decide not to issue a ticket if the damage is minor and the driver is cooperative.
In many other cases, if insurance takes care of all of the bills, a ticket may be dismissed once it gets to court. So you cannot worry about what may happen to the other driver if you call the police. Be more concerned about the problems we have touched on here that you may run into if you do not call the police to investigate and make a report about your crash.
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How To File An Insurance Claim
Though you may not need a police report, there are some very important pieces of information you will need in order to file an insurance claim. These are the steps you should take to file your claim:
Do I Need To Call The Police For A Minor Car Accident
You have a legal obligation to report accidents to your insurer under the terms and conditions of your car insurance policy. If you do not report your accident to your insurer, they may deny coverage for your accident.
As for reporting your car accident to the police, accidents involving an injury, death, a hit-and-run, an intoxicated driver, or property damage more than $500 must be reported immediately to law enforcement. If you dont call the police and have them fill out a report documenting the accident and gathering facts, then its your word against the other drivers word. This makes your claim difficult and can cause significant problems in any case.
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