If you’ve experienced a car crash, we know how overwhelming and stressful the aftermath can be. During these difficult times, focusing on your recovery and protecting your rights are top priorities. A critical first step in that process is obtaining a car accident police report. This document can serve as helpful evidence for your car accident claim.
Understanding what the report covers, how to access it, and why it’s crucial in resolving disputes is all part of moving forward after your accident.
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What Is a Car Accident Police Report?
A car accident police report, also referred to as a crash report, is an account and memorialization of the crash created by a police officer after responding to the accident scene. The report provides facts and observations that can be potentially helpful in determining fault and resolving disputes.
According to the New York Department of Motor Vehicles, Section 605 of the Vehicle and Traffic Law requires all drivers involved in an accident where “a person is injured or killed” or “there is damage to the property of one individual (including yourself) in excess of more than $1,000” to file an accident report within 10 days after the crash.
Some common details include:
- Approximate time and date of when the accident occurred.
- Description of vehicles involved, including plate numbers.
- Personal information of the involved parties, such as drivers and passengers.
- Witness statements from people who were present at the time of the crash.
- Details about property damaged during the collision.
- The police officer’s observations regarding the accident scene, such as the weather, road conditions, and whether traffic laws were violated.
This document also identifies the report number, making it easier to retrieve later when needed.
Why Do You Need a Car Accident Police Report?
If a car accident has upended your life, you’re likely wondering why obtaining the police report is so important. Here’s why it matters:
- Essential for Evidence
The report provides potential evidence for your case. Whether your vehicle accident involves personal injuries or property damage, having an official document can strengthen your claim and makes it harder for insurance companies to deny their responsibilities. - Critical for Insurance Claims
Most insurers may ask for a copy of the accident report to process insurance claims. Some kinds of claims, including uninsured motorist claims, may require a police report. The information in the report can help verify details like fault, damage, and injuries. - Useful in Resolving Disputes
If there’s disagreement among the involved parties about what happened, the observations can clarify fault. This can be particularly helpful in legal proceedings should your case move to court. Of course, not everything outlined in a police accident report is admissible. - Proof for Personal Injury Cases
If you plan to work with personal injury attorneys, this report will be a helpful part of building your case to seek compensation for damages or injuries you sustained in the car crash.
How To Obtain a Car Accident Police Report in New York
It can take some time for the police accident report to be made available to involved motorists after a New York car crash. Once the responding officer and his or her supervisor have signed off, it will generally be made available to the involved motorists and their attorneys.
New York State has specific procedures and options for accessing crash reports. Here’s some things to consider about retrieving your car accident report in a timely and effective manner.
Step 1: Identify the Police Department or Law Enforcement Agency
The first step is determining which police department or law enforcement agency responded to the accident scene. This could be the New York State Police, a municipal department, or another agency. The officer at the scene should provide guidance.
Step 2: Access Through the Online Crash Report System
One of the easiest ways to obtain your accident report in New York is to access it online. The New York State Department of Motor Vehicles (DMV) often provides report online services where you can search for your crash report using the report number or details such as the date, approximate time, and plate numbers of the vehicles involved. Keep in mind that processing time can vary, so it may not be immediately available.
To use the online database, you may need:
- The report number provided by the issuing officer.
- Vehicle details like make, model, and plate number.
- A processing fee, which can usually be paid through card or money order.
Keep in mind that requests for New York State Police reports of accidents that occurred anywhere other than the Thruway can be made to the DMV.
Requests for state police reports of collisions on the Thruway and its subsidiary arterials can be made to the New York State Thruway Authority using this online form.
Step 3: Submit a Request Form
Another option is completing a request form provided by the police department or agency that completed your accident report. This completed form can often be submitted in person, through mail, or via fax. Check with the department directly for specific instructions.
Step 4: Request by Mail
If online access isn’t an option, you can always request the report by mail. To do this:
- Obtain the department’s request form or paper equivalent.
- Include relevant details, such as your name, the accident’s approximate time, and names of other involved parties.
- Enclose payment for the cost of obtaining the report, if required, in the form of a money order.
Processing times for mailed requests can vary, so reaching out to the department beforehand to confirm how long it might take is a good idea.
Step 5: Check Costs and Fees
Obtaining a crash report is rarely free. The fee amount will depend on how you're retrieving it (online, mail, or in person) and the policies of the law enforcement agency. Most times, the cost is nominal and may need to be paid before the report is accessible.
Step 6: Follow Up If Necessary
If your request hasn’t been fulfilled within the expected timeframe, contact the police department or DMV. Sometimes delays happen due to high demand or missing information, but follow-up ensures you’re doing your part.
Tips to Make the Process Smoother
Here are some insights to help streamline the process of obtaining a car accident police report in New York:
- File Your Report Immediately
It’s always recommended to file a report at the time of the collision to ensure you don’t forget details or miss any time-sensitive requirements. - Gather All Pertinent Details
At the time of the accident, try to document as much information as possible, including plate numbers, names of everyone there, and the approximate time the accident occurred. - Keep the Report Number Handy
The report number is the quickest way to access your crash report. Always note this number given by the officer on the scene. - Retain Contact Information for Interested Parties
You’ll need the names and details of witnesses, as well as the contact details of other drivers and passengers. Keeping these organized will make filling out any request forms more efficient.
What Happens After You Obtain the Report?
From negotiating insurance claims to building a case with your attorney, a police accident report can play a central role.
Here’s how:
- Filing Insurance Claims: Provide a copy to your insurance company to support your claim for vehicle repairs, property damage, or medical expenses.
- Starting Legal Proceedings: If you and your legal counsel decide to pursue a case, this evidence can be helpful in establishing fault and proving damages.
Not all aspects of a police accident report will be admissible in a court of law where the rules of evidence apply. Under the New York rules of evidence, hearsay—an out-of-court statement used for the truth of the matter asserted—is generally not admissible. For an out-of-court statement of this nature to be admissible and available for review by the finder of fact (often a jury), it must qualify under an exception to the rule against hearsay. Otherwise, it is not admissible.
Many times, insurance companies will make decisions based on what is in the police accident report, including a narrative provided by the responding officer. While this information is important and significant, it is not necessarily conclusive.
If something in the police accident report is inadmissible hearsay, it should be taken with a grain of salt and should not necessarily dictate whether, for example, an insured is liable for a given crash.
For example, assume that the responding officer—who did not witness the crash but instead came to the scene 15 minutes later—authored an accident description that attempts to describe, in detail, what precisely precipitated the crash. If the responding officer concludes that the injured person is completely at fault, an experienced New York personal injury attorney may be able to review the circumstances and prove otherwise. The responding officer’s conclusions may be inadmissible.
An experienced New York personal injury lawyer can review and analyze the police accident report in view of the rules of evidence.
Attorneys with experience handling vehicle accidents understand how to use the authority of a police report to build a compelling case.
Help Is Here When You Need It
At William Mattar, P.C. we know how tough life can feel after an accident, and we are here to make things easier. With over 30 years of experience helping accident victims across New York State, we’ve helped thousands of people just like you obtain justice and compensation. Whether you need assistance obtaining your car accident report, interpreting its contents, or using it to fight for what you deserve, our team is here for you.
Contact us anytime, day or night, at (716) 444-4444 or through our online form for a free consultation. You’ve been through enough already. We can help you take the next steps toward the justice and peace of mind you deserve.