August 23, 2024
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After a car accident, a police report is an invaluable piece of evidence that can help to strengthen your claim. Even if you feel as though you didn’t suffer significant damages or injuries, this documentation can help to show who was at fault and the circumstances surrounding your accident.
In some states, including New York, there are legal requirements for filing a police report after a motor vehicle accident. So, should you file a police report?
What’s Included In A Police Report?
A police report will typically include several key pieces of information that provide a comprehensive account of the accident. In the police report, you will likely find:
- Basic Information: Information like the time, date, and location of the accident.
- Incident Details: The type of accident, a description of what happened, and any other pertinent information like obstructions and weather conditions that may have contributed.
- Parties Involved: The names, insurance information, and contact information of the parties directly involved, as well as any witness information.
- Evidence: If there was any physical evidence collected at the scene of the accident.
- Statements: Any relevant statements from the parties involved or eye witnesses.
- Responding Officer’s Observations: The officer’s initial impressions and any observations they made upon arriving at the scene.
- Traffic Violations: If any traffic violations were issued at the scene of the accident.
When To File A Police Report
The best time to file a police report is immediately after the accident occurs. This ensures that the responding officer can gather all relevant information.
When you call 911 to report the accident, be sure to include specifics including your location, any injured parties, road obstructions or if you are in immediate danger. If you are able, turn on your hazards and move to the side of the road to allow for traffic flow to continue.
While you are waiting for the responding officer, take photos of the scene including license plates, insurance cards, damage to either vehicle and any injuries you or your passengers have sustained.
What If It’s A Minor Accident?
Even if you’ve been involved in a seemingly minor collision, it’s still wise to file a police report. In New York State, a police record must be made within 10 days of a car accident if someone is injured or if there is more than $1,000 in property damage to either vehicle.
In instances where there are no physical symptoms of an injury present or any apparent damages to your vehicle, having a police report can help to corroborate your claim in the event that you have an “invisible injury” that may later be identified by your physician. Having the police report of the incident can help to prove that your injury was a direct result of your collision.
What Happens If The Police Don’t Come?
In some cases, the police may not be able to respond to the scene. If that happens, you should make sure to do the following:
- Collect photo and video evidence at the scene
- Record witness statements, as well as the witness contact information
- Document any road obstructions, signage, or weather conditions that may be relevant in building your case
- Collect the other party’s insurance information, name, and phone number.
You will have 10 days from the date of your accident to obtain a police report, which can be filed online, via phone, or in person.
Why Is Filing A Police Report So Important For Insurance Claims?
Filing a police report can serve several important purposes if you choose to pursue a claim for damages or your injuries with the insurance company. Some examples of this include:
- Proof of The Incident: A police report provides a formal record of the incident, detailing the who, what, where, when, and how.
- Proving Fault: The police report often includes an officer’s assessment of the accident, which can help determine fault. While it is not always a definitive statement of liability, it provides an unbiased perspective that can be crucial in resolving disputes between parties or with insurance companies.
- Details of Damages and Injuries: While the primary purpose of the police report is to document the accident itself, it can also note visible injuries and damages. This information can be useful for claims related to personal injury or vehicle damage.
Filing a police report ensures that all details of the accident are properly recorded, providing a solid foundation for any insurance claims or legal actions that may follow.
How Do Insurance Companies Use Police Reports?
A police report is one of the first things that the insurance company will typically ask for after a claim is made. The details of the police report are reviewed and dissected to help determine who is at fault, to what degree either party is at fault, and whether to deny or pay the claim.
Sometimes the insurance company’s opinion of who or what caused the accident is different from the police officer’s. This is why there may be times when the police report favors you in terms of fault determination, but your claim is still denied by the opposing driver’s insurance company.
Can Police Reports Be Used In Court?
If you choose to seek the assistance of an attorney after being injured in a car crash, your police report will likely be used by your attorney in settlement negotiations with the opposing driver’s insurance company. However, admitting a police report into evidence during trial is not as clear cut.
If your accident case goes to trial in New York State, only parts of the police report may be admissible as evidence under the hearsay exception for business records. If the police officer directly witnessed the accident, the officer would be called to testify and validate his report and then the police report and his conclusions about how the accident happened would be admissible. If the police officer did not witness the accident, the officer’s opinions contained in the police report about how the accident occurred or who was at fault will not be admissible.
This means that the report will be admissible, provided that it is based on the police officer’s direct observations while on duty. Any information that is based on assumptions on an accident he did not witness will be rendered inadmissible. If the police report contains a statement of a party such as “It was all my fault”, this will be admissible since that is called an admission against interest.
Cellino Law Is Here To Help
Never underestimate the importance of filing a police report after an accident. This small, yet important step can help to protect your legal rights, expedite insurance claims, and act as a valuable piece of evidence.
If you’ve been involved in an accident and find yourself in need of help with the claims process, including obtaining a police report, call Cellino Law. Our team of attorneys have decades of experience helping injury victims across New York State. For a free consultation with a member of our legal team, contact us at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.