Is The Information You Are Seeking Already Available To You
Under the Government Information Act 2009, each NSW Government department and agency is required to publish an annual Publication Guide. The NSW Police Force ‘Information Guide‘ describes the structure and functions of the NSW Police Force, how these functions affect the public and how the public can participate in policy formulation.
Access NSW Police Force Information Guide.
Information previously released by NSWPF under GIPA Act
Details concerning decisions made by NSW Police Force in response to an application that may be of interest to other members of the public may be included on a Disclosure Log.
The NSW Police Force’s Disclosure Log provides details of:
- The date the application was decided
- A description of the information to which access was provided
- A statement as to whether the information is now available to other members of the public and
- How the information can be accessed.
What Is A Police Report
Filing a police report is required by law and a necessary step after a collision. But what exactly is a police report?
A car accident police report is the document written by the investigating officer that summarizes the accident and scene of the collision. In their report, the officer will include:
- Description of the accident
- Description of the visibility, weather, and location
- Personal information of all parties involved including insurance details and statements
- Witness statements and contact information
- Violations of law
- Their own personal statement of observations and opinions regarding the accident
Its important to gather the investigating officers information, such as their name and badge number, for future reference as needed.
What If The Other Driver In The Accident Doesnt Have Insurance
Typically, if you get into a car accident, the at-fault drivers insurance pays for the damages and injuries. But what if they are uninsured? That makes things a little more complicated, but heres what you should know.
Almost every state legally requires you to have minimum amounts of specific car insurance coverages so driving without car insurance for any period of time is considered illegal. But that doesnt mean people dont do it. Thats why uninsured and underinsured motorist coverage is so important. If you get hit by a driver with no insurance or not enough liability coverage, your uninsured or underinsured insurance will kick in and help cover your medical expenses.
You do have the option to press charges against the driver and take them to small claims court. However, it might cost you more time and money to take them to court, so while it may not be ideal that your insurance company has to cover the liability costs for an accident you didnt cause , thats what uninsured and underinsured motorist coverage is for its a safety net for unfortunate instances like these.
Also, consider the consequences if you dont have car insurance in a state that requires it:
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What Are The Laws If An Officer Pulls Me Over
The rights of drivers and passengers that kick in after a traffic stop can vary by state laws, as can the legal outcomes of specific situations such as a routine traffic stop that escalates to an arrest.
For example, an officer needs a reason, called reasonable suspicion, to pull you over in the first place. That can be anything from speeding or not signaling a turn to having expired plates or a broken tail light. And cops also need probable cause to search you or your car during a traffic stop.
Keep in mind a few key protections and how they apply if youre stopped by police.
Requesting Your Accident Report From The Police Station
Use the Incident Report provided by the investigating officer at the scene to obtain the report directly from the precinct if the accident took place in the City of New York. Alternatively, you could request the report online at if the accident took place in Nassau County or Suffolk County.
In the City of New York, there is no fee to obtain a copy of the report. . Visit the New York City Police Departments website for more information.
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Police Report Vs Police Record
First, lets clarify something that is bound to cause some confusion: the difference between a police report and a police record. While these two items have similar names, they are in fact very different. A police report is a document filed by a police officer that essentially offers a summary of an arrest, incident, or accident. A police record, on the other hand, is usually the same as a criminal record and it includes a list and summary of an individuals history of interactions with law enforcement, including arrests and convictions.
Another point that deserves clarification is the difference between a police report and an accident report. In fact, theres not really a difference between these two items. An accident report is simply a type of police report that details the circumstances of a traffic accident. A police report, meanwhile, can include accident reports, but they cover a much broader range of incidents that may involve the police, including crimes. Note that some police departments call police reports incident reports. Remember that some accident reports may also be criminal reports, such as if the accident may have been caused by drunk driving.
Next Steps After A Car Accident
After any kind of car accident, if you decide to make an insurance claim or file a lawsuit, the information contained in the police report can have a big effect on two key issues:
- who was at fault for the accident, and
- how much compensation you can recover .
If the police report isnt helpful to your position, or if there are early signs that the other side is digging in for a fight, having an attorney on your side can be critical. Learn more about how a car accident attorney can help, and get tips on finding the right injury lawyer for you and your case.
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When Should You File A Claim
CarInsurance.org recommends filing an auto insurance claim when the estimated repair costs exceed your out-of-pocket deductible. For most policies, you can choose a deductible from about $500 to $2000. Lets say you have a $1000 deductible and have a minor accident that damages your bumper. If your mechanic quotes you $800 for repairs, you should not file an insurance claim.
According to Credit Karma, you should also consider the increased insurance premium that may result from filing a claim. This may not be a concern if you have an auto insurance policy with accident forgiveness, however.
After notifying the insurance company about the accident, you should take your vehicle to a mechanic you trust for an estimate. Then, do some research to see how much you will pay for coverage after filing a claim, from a source such as the State of Insurance report from The Zebra. Multiply that increase by three and add your deductible. If the result exceeds your estimated repairs, you may want to pay out of pocket.
In some cases, you should always file an insurance claim. Examples include the following:
If you have collision coverage, you can file a claim through this policy if you have significant damage to your vehicle. If you have only liability coverage, you will not receive compensation for repairs in an accident unless another driver caused the crash.
Situations Where A Police Report Can Make A Difference
Your car accident claim might fail without a police report if the other driver has no insurance. Your insurer could refuse to apply your uninsured motorist coverage if you do not file a police report. If you do not know the identity of the liable party, it is always best to file a police report. Certain insurance companies, however, do not need a police report to provide uninsured motorist coverage.
Lack of a police report negatively affects your car accident claim if there is no evidence. For instance, if there are no eyewitnesses, it might be hard to prove that you are not liable.
A police report is important if the at-fault party is refusing liability for the accident. Without a police report, it is difficult to ascertain who is at fault. The negotiating process will be difficult because the liable partys insurer may refuse to settle. The best available option for making a car accident claim without a police report is to hire a lawyer.
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Whats Considered A Minor Car Accident
Most states dont require a police report for a minor accident. But keep in mind that whats considered to be a minor accident varies by state. For instance, Alabama may consider a minor incident to have $250 worth of damage, whereas Oregon may consider $2,500 to be minor.
In many jurisdictions, police wont issue a report for accidents that occur on private property, such as if you run into your own garage door. Note that many parking lots such as the neighborhood grocery store or local mall are also considered private property, so police may not respond to a minor vehicle incident in these locations unless they have a compelling reason.
Keep in mind, theres no way to accurately assess a vehicles damage at the scene of an accident. There may be instances where the damage appears to be minimal, but a more thorough inspection reveals more issues. When in doubt, it makes sense to get a police report.
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Reporting A Hit And Run Car Accident
If you are the victim of a hit and run accident, call the police immediately. If you were in the vehicle when the accident occurred, try to get :
- The plate of the other vehicle
- A description of the vehicle
- A description of the driver
- Location and the direction the vehicle fled
- Any other information that can help identify the other vehicle/driver
Do not attempt to follow the vehicle. If your vehicle is driveable, visit the nearest police station.
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What To Do If You Do Not Have The Receipt
Sometimes, people need a Police Accident Report and they do not have the Incident Report. For example, if you are a passenger or in need of a pedestrian accident report, that was involved in an accident, it is quite likely that the responding officers did not provide you with any documentation.
If you do not have the receipt, give the clerk:
- Approximate time and location of the accident
- A license plate number of at least one of the involved vehicles
The clerk should be able to use this information to retrieve your case details.
For a free legal consultation, call
How Do I Get A Copy Of My Car Accident Report In New York
After a car accident, youll need a copy of your accident report to file a claim for injuries and property damage. You and your attorney can obtain a copy of your car accident report by contacting the local police agency where the accident occurred and following their protocol. The agency will tell you whether the report is available and how much the fee is to retrieve it.
If the DMV has processed the accident report, you can access your certified accident report online or via mail. Accident reports become publicly available from 1460 days after the report was filed. According to the New York DMV, its $7 to search for a report online or $10 by mail. To order the accident report, motorists must pay an additional $15 fee.
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Creating And Destroying A Criminal Record
A criminal record will be created after sentencing because of a violation or crime. The record will exist for 5 years in case of violations or 20 years for crimes. If the sentence is three years of imprisonment or longer, 30 years will be added at the time the criminal record will be stored. A traffic violation will not be stored in a criminal record, unless there will be a trial. Normally the traffic fine is given by a police officer, and the payment is generally done by banking. There will not be a trial, nor an addition in a criminal record.In case of sexual crimes the criminal record will be destroyed after 80 years.
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Work With Your Claims Adjuster
Once your claim has been submitted, you will receive a call from one of your insurance companys Claims Adjusters. Your adjuster will review your policy with you so understand what you are covered for and which items your insurance company will compensate you for. Your claims adjuster can answer any questions you might have about the process.
If at any time you have questions that you want to get answered, reach out to your insurance broker or agent.
Being in a car accident is extremely stressful. Following these steps will not only help to ease your stress but also help to make sure that everyone is properly taken care of in the event of a collision.
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Accident Report Prices Vary By State Investigating Agency
Motorists who are involved in an accident investigated by state police can now obtain a report online, but at $22, it will cost more than local departments charge.
However, some local police chiefs say a motorist shouldnt have to incur the expense of obtaining an accident report, arguing that the task should be handled by the company that insures the persons vehicle.
Police Chief John Otto said Penn Township assesses a $15 fee for a copy of an accident report an amount that most other area departments charge.
Otto is among chiefs who believe its unnecessary for most motorists to seek a copy of an accident report.
For a lot of people, its the first time theyve been in a car accident, and their insurance agent says, Go get a copy of the report, he said. They should let the insurance company do the work.
Derry police Chief Randy Glick agrees, noting 98 percent of the crash reports the borough issues are sent to insurance companies. He tells motorists who want a copy of a report to have their insurance provider take care of that paperwork.
The person shouldnt have to do that, he said. The average citizen doesnt even need a report.
The $22 fee state police charge for an accident report is mandated by law and applies whether the request is for a paper copy or an electronic version an option police made available in September, through the website crashreports.psp.pa.gov.
Examples of Various State Police Report Costs:
Delaware $25, $60 for a fatal crash
What Information Is Not Available
The full list of public interest considerations against disclosure can be found within the GIPA Act, PART 2, DIVISION 2, SECTION 14. Some of the most common public interest considerations against disclosure of information are listed below. Where the information would:
- reveal an individuals personal information,
- contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002,
- prejudice any court proceedings by revealing matter prepared for the purposes of or in relation to current or future proceedings,
- prejudice the fair trial of any person, the impartial adjudication of any case or a persons right to procedural fairness,
- reveal false or unsubstantiated allegations about a person that are defamatory,
- expose a person to a risk of harm or of serious harassment or serious intimidation,
- in the case of the disclosure of personal information about a childthe disclosure of information that it would not be in the best interests of the child to have disclosed, prejudice the prevention, detection or investigation of a contravention or possible contravention of the law or prejudice the enforcement of the law.
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Why Am I Not Able To Obtain A Police Report
The most common reason why people cannot get a copy of a police report is because of an ongoing investigation. Once the case is closed, you should be able to obtain a copy.
If you believe you have been unfairly denied access to a police report, you may wish to have a lawyer speak to the authorities on your behalf. Juvenile records may sometimes be sealed or withheld to protect the privacy of the victim. Generally, though, the process to obtain a police report is relatively simple, depending upon who is trying to obtain the report.
Document Everything And Exchange Information
Now its time to document what you can from the scene of the accident and gather information from all the parties involved. Think of it as a scavenger hunt. Make sure you get the following:
Name, address and phone number of the other driver and a photo of their drivers license, if possible
Insurance policy numbers
Year, make, model and license plate numbers of all the vehicles involved
Detailed notes from any conversations you had with the people involved with the accident
If youre hurt and need medical attention, youll also want to hang on to any physician reports, medical bills and other documentation you receive for treatment of your accident-related injuries.
What about homeowners insurance claims? Take photos of damage done to your home or make a list of items that were damaged or stolen in a robbery. And if you have to stay at a hotel while repairs are being made to your house, keep the receipts as proof of costs.
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