Why Should I File a Police Report After an Accident?

Reviewed by Jay S. Hausman, Esq.

Most people know what they are supposed to do after a car accident. You are supposed to pull over somewhere safe and call the police. But is it really necessary to get the police involved? Our Westchester County car accident attorneys recommend it, though, and not just because you may be violating the law if you do not call the cops. A police report can actually be a useful piece of evidence if you end up pursuing damages later.

How Can a Police Report Help Me After a Crash?

When police officers are called to the scene of an accident, they have to write up a report and say what happened. Now, it’s not going to always be immediately obvious what happened, but the cops can look out for specific evidence that can help in the reconstruction of the accident scene. They can spot debris that may have contributed to the accident, skid marks, or broken or hidden traffic signals or signs. The police report will also provide contact information for the other driver and any witnesses. This is info you should also collect yourself, but it can be easy to get overwhelmed after an accident and forget to take this step.

Additionally, ensuring a police presence can help ensure that the area is secure to protect from additional harm or damage, conduct interviews of those involved, and help ensure that insurance information is properly exchanged. Law enforcement can also help document each party’s account of the accident, which can help ensure those involved remember details in the days following the collision

What’s good about the police report is that it is considered neutral. What the cop writes in there should not be peppered by any bias toward or against you or another involved driver. The police report can be taken seriously when someone wants to learn more about how an accident transpired.

What Critical Information is Documented in a New York Police Report?

A standard police report provides an objective and detailed breakdown of your accident, including:

• The precise time and location where the crash occurred
• Full names, contact details, and auto insurance information for all involved motorists
• Specific details regarding the vehicles, reported injuries, and immediate medical treatments sought
• The identities of any involved pedestrians, cyclists, or eyewitnesses
• A visual accident diagram showing whether it was a head-on, T-bone, or rear-end collision

Is it Mandatory to Call the Cops to the Scene and Get a Police Report in New York?

It is also important to note that calling the cops to a car accident scene is a necessity when someone has been injured. Even if you do not think anyone is hurt, it is a good idea to call anyway. Adrenaline can sometimes mask pain and hide injuries.

In accordance with New York Vehicle and Traffic Law, drivers are legally required to immediately report a collision if it:

• Results in physical injury
• Results in death
• Results in damage to property, and the owner cannot be located

If the collision results in $1,000 or more in damage to a vehicle, it must be reported to the DMV within 10 days of the accident. Similarly, if the accident causes the death of a domestic animal, like a dog or cat, it must be reported in accordance with New York State law.

Failure to report a collision under these circumstances can result in criminal penalties.

How Do I Obtain an Official Copy of My New York Accident Report?

Because a police report serves as a foundational piece of evidence for both insurance claims and personal injury lawsuits, obtaining an official copy is highly recommended.

If your accident has occurred in any of the five New York City boroughs, you must request a copy of the report directly from the NYPD:

• In person at your local precinct
• Online
• Via mail

It’s important to note that these requests are typically processed within 30 days.

For accidents that happen in New York State outside of the city, accident report requests must proceed through the Department of Motor Vehicles. You can order the report online or mail a physical copy of an MV-198C form and mail your request to the agency. Regardless of which option you choose, you will be required to pay a low processing fee.

Will the Police Blame One Party for an Accident?

In some cases, a cop can come to a conclusion when they evaluate an accident scene and say that one of the involved drivers was to blame. However, this usually only happens if one driver actually admits fault.

The police can also help provide their professional opinion on what they believe has caused the collision, or document any specific violations or traffic laws that have occurred, which can serve as important evidence of negligence in the event you choose to pursue legal action. If the police report from your accident scene does not take a side, do not worry. This is common, and it does not necessarily stop a police report from being useful when it is time to pursue compensation.

Should I Sue For Compensation After an Accident?

If you are injured in an accident, you can sue for compensation. We can help you fight for a fair offer that includes economic and non-economic damages, making up for:

• Medical expenses
• Lost wages
• Loss of earning potential
• Loss of enjoyment
• Mental anguish
• Pain from disability or disfigurement

Contact Our Law Firm

So if you were injured in an accident and you believe that someone else was to blame, the team at Hausman Law Group is ready to assist you. We can schedule a free consultation and tell you more about what our attorneys can do to help you seek compensation. Contact us today to learn more.