Getting an accident report in New York requires a lot of information and often a fee. Even with all of the correct documentation and payment, the process can take weeks, depending on the type of accident and the number of parties involved.
At William Mattar Law Offices, we know how critical these reports are to starting the personal injury claims process and recovering compensation to cover damages and losses sustained.
Our car accident lawyers want to help New York drivers and passengers understand how to get a police accident report to ensure maximum compensation is recovered after a collision.
Table of contents
- Why is An Accident Report Important?
- Who Files An Accident Report?
- How Do I Get A Police Accident Report After An Accident?
- Is a Police Report Admissible in Court?
- How Does the Accident Report Affect My Claim For Compensation?
- How Much Is An Accident Claim Worth?
- What Other Ways Can I Help My Accident Claim?
- New York Car Accident Report FAQs
- Let William Mattar Law Offices Help You Recover Maximum Compensation
Why is An Accident Report Important?
These reports do more than just show where and when the collision occurred. They also provide insight into:
- The circumstances of the accident
- Possible causes and contributing factors
- Any citations issued by law enforcement
- Identification of drivers involved and their respective insurance information
Without this report, insurance adjusters may rely on their own investigation or the other party's version of events, which can be biased and inaccurate. These false narratives and distorted information can ultimately lead to a lower settlement offer or even a denial of coverage.
With a police report, injured parties gain:
- A certified account that the accident occurred
- Supporting evidence for their case
- A clear timeline of events and damages sustained
Even with New York's no-fault auto accident laws designed to provide swift coverage, a certified report of the accident can still play a critical role in the recovery process. The sooner you are able to procure the report, the sooner an experienced attorney can work towards recovering compensation for your damages.
Who Files An Accident Report?
Who files the report depends on the circumstances of the accident.
Generally, the police will arrive at any accident scene resulting in injuries, fatalities, or extensive property damage and file a Report of Motor Vehicle Accident form, also known as MV-104a. This police accident report is submitted on the driver's behalf and serves as an official documentation of the accident.
If the police do not arrive, it is the responsibility of those involved in the accident to file a similar report with the DMV within 10 days of the accident. This form, also known as MV-104, provides similar information to the police report and can be obtained in person or online through the DMV's website.
Failure to file or have a report filed on your behalf can result in fines and even suspension of your driver's license. This is why it is important to know not only how to get this report but also the importance of doing so.
How Do I Get A Police Accident Report After An Accident?
There are several ways to get a report after a car accident in New York, including:
- Requesting the report in person at a local police precinct or DMV office
- Submitting a request by mail to the appropriate agency with all required information and payment of any applicable fees
- Online through the DMV's website
All of these options require the following information when requesting a report of a motor vehicle accident:
- Date and location of the accident
- Names or license plates of the parties involved
- Birthdates of the parties involved
- Applicable case numbers
- Payment for each report requested
Once the information has been provided, receiving the report can take a few weeks. It is important to keep in mind that holidays or weekends may delay the process.
Is a Police Report Admissible in Court?
While the report serves an essential purpose in the personal injury claims process, it is not always admissible as evidence in court. Some aspects of the report can be considered hearsay or contain information not directly observed by the officer filing the report. An experienced attorney can determine what aspects of a police report are admissible.
However, just because the report isn't fully admissible in court does not mean that it is meritless in a personal injury claim. With this report, your car accident lawyer can negotiate with insurance adjusters and use it as supporting evidence for your compensation claim.
Furthermore, the report serves as a way to combat the false narratives and distorted information that the other party may present to deny or reduce liability. With it, your attorney can counter these attempts and work towards ensuring you receive fair compensation for your damages.
How Does the Accident Report Affect My Claim For Compensation?
New York is a no-fault state, meaning anyone injured in a car collision must file a claim with their no-fault insurance company for certain lost wages and medical expenses. Many people believe their insurance company would have no reason to deny their claim, but that is not always true.
With the report, your lawyer can make it harder for them to deny or reduce your claim, using information to back up your claim. Having a report also helps establish the extent of damages sustained in the accident and supports your case for fair compensation.
Should your Personal Injury Protection (PIP) not be enough to cover the extent of damages, a lawyer can use the report to help bolster claims filed against the other driver or their insurance company. This can prove invaluable when accident injuries result in:
- Significant lost wages due to time off work for injuries
- Pain and suffering endured as a result of the accident
- Extensive medical expenses, including future treatment and rehabilitation costs
Ultimately, with the report, your lawyer has the ability to build a strong case for your compensation claim and work towards getting you the full recovery you deserve. Without it, you may face more hurdles and challenges in proving your case and receiving fair compensation for your damages.
How Much Is An Accident Claim Worth?
The settlement award for your claim will vary based on many factors, including but not limited to:
- the severity of injuries
- the level of negligence shown by the other driver
- the extent of damages and financial losses incurred
- any pre-existing conditions or injuries that may have been worsened by the accident
If the amount of these damages exceeds the at-fault motorist’s coverage, your lawyer may recommend pursuing a claim against the other driver's liability insurance or your own underinsured (UIM) coverage. To do so, they will use the police report as evidence of fault and damages sustained in the accident.
While the other driver may have a policy covering up to $100,000 or more, that doesn't necessarily mean the insurance company will pay that amount. They may attempt to deny or reduce liability, which is where the report can be crucial in supporting your case for maximum compensation.
When severe acts of carelessness or negligence result in injuries that require far more than what other driver's insurance policy will cover, you may be able to pursue additional compensation through a personal injury lawsuit.
This legal option provides the opportunity to seek damages for additional economic and non-economic damages not already covered by insurance, such as:
- Loss of future earning potential
- Permanent disabilities or disfigurement
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death
All of these factors contribute to the potential value of your car accident claim and highlight the importance of obtaining this crucial piece of documentation that can aid you and your attorney in the pursuit of fair compensation.
What Other Ways Can I Help My Accident Claim?
Filing and obtaining these reports is a critical step in the claims process, but it is not the only step you can take to help your claim. Other ways you can support your case include:
- Seeking medical treatment immediately after the accident and following all recommended treatment plans
- Keeping detailed records of all related expenses, including medical bills, lost wages, and property damage repairs
- Gathering any other evidence from the scene of the accident, such as photos or witness statements
- Avoiding social media posts related to the accident or diminishing the extent of your injuries
In addition to hiring an experienced car accident lawyer in New York, taking these steps can help strengthen your case and increase your chances of receiving maximum compensation for damages sustained.
If you are unsure about which post-accident steps to take to help your claim and protect your rights, a lawyer can provide invaluable guidance and support.
New York Car Accident Report FAQs
How fast can I get a report after an accident?
The process can take anywhere from a few days to a couple months. The time frame depends on multiple factors including the complexity of the collision and the number of parties involved.
How do I read an accident report?
These reports can be complex and confusing, but a car accident lawyer can help interpret the information for you. They are trained to understand the terminology and details included in an accident report and can explain it in a way that is easily understandable.
Can I challenge information in a report?
If your report has incorrect or inaccurate information, you may be able to challenge it by requesting an amendment.
Can I still file a claim if I don't have a police report?
Accident survivors face incredible obstacles to getting compensation for their injuries and losses without an official report of the collision. However, that doesn't mean you can't start filing until the report is ready. Your lawyer can advise you on the steps to take.
Do I still have to file a report for a hit-and-run?
Yes, you must file a report after a hit-and-run. It will serve as evidence for your claim and can help identify the responsible party if they are eventually located. It is also required by law to file a report within a certain time frame after any motor vehicle collision, including hit and runs. An uninsured motorist claim based upon a hit-and-run motorist will only succeed if the crash was reported to the police within a certain period of time.
Let William Mattar Law Offices Help You Recover Maximum Compensation
Getting the evidence needed to support your accident claim can be daunting, but it is essential to ensuring you receive fair compensation for your damages.
That's where a car accident lawyer from William Mattar proves invaluable. Our team has the experience and knowledge to help you obtain a report, gather additional evidence, and navigate the legal process of a personal injury claim in New York.
Contact us today for a free consultation about your case and let us fight for your rights while you focus on recovering from your injuries.
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