Can You File a Claim Without a Police Report? Accident Lawyer New York Explains
When there is a car accident in NYC, a police accident report is one of the most important pieces of evidence that can be presented. It provides an unbiased and objective view of the accident, making it easy to establish fault and influence compensation. However, keep in mind that police reports take some time to be finalized. And since people want to start their insurance or personal injury claims right away, the question becomes – “Can you file a claim without a police report?”
The short answer is no. However, one cannot underestimate the importance and significance of a police report. In this post, the team at Alex Yadgarov & Associates will step into the shoes of an accident lawyer in New York and explain your options for building claims with and without police reports.
Can You File a Car Accident Claim Without a Police Report in NYC?
Yes, you can file an accident compensation claim without a police report. While the police report is a valuable piece of evidence, the lack of one does not prevent you from filing your claim. Insurers, lawyers, and the court can rely more on other evidence to build their cases and determine fault and the appropriate compensation.
When is a Police Report Required After an NYC Car Accident?
Police reports are generated whenever officers respond to the scene of an accident.
In New York, if the accident results in injury, death, or property damage exceeding $1000, the drivers must inform the police about the accident. At the same time, they must also file an accident report with the New York DMV within 10 days of the accident.
However, when the accident is a ‘fender bender’ (minor accident), there is no legal requirement to call the police. But, regardless of the severity of the accident, it is advisable to call the police and notify them about the accident.
Why is the Police Report Important for Your Injury Claim?
As we’ve mentioned above, a police report is one of the most important pieces of evidence in an accident claim. Here’s why:
- Official verification – It provides official confirmation about the accident, with information such as when it happened, where it happened, and the parties involved.
- Witness information—It records the names and contact information of neutral witnesses whose testimony can be used to corroborate other evidence.
- Evidence of traffic violations—The report will also note whether the officers have issued traffic citations or whether they suspect any other traffic offenses (e.g., impairment).
- Scene documentation—The report preserves temporary, easily forgotten conditions of the accident scene such as road hazards, weather, traffic signals, and the position of the vehicles immediately after impact.
- Timely statements—The report can serve as a time capsule for statements since memories fade and stories change over time.
What Evidence Can Help When There is No Police Report?
Even if you don’t have a police report, there is plenty of evidence that can help establish your case. They include the following:
- Photographs of the scene and vehicle damage
- Dashcam footage
- CCTV and traffic cam footage
- Medical records
- Repair estimates and invoices
- Cell phone data
- Event Data Recorder (EDR) data
Your accident lawyer in NYC can use these pieces of evidence to build a strong and compelling case that gets you the compensation you deserve.
Can the Lack of a Police Report Affect Your Compensation?
Since New York is a no-fault state, a person injured in a car accident can receive up to $50,000 in compensation through their Personal Injury Protection (PIP) coverage. The insurance can cover medical expenses, lost income, and other connected expenses. This compensation can be claimed, irrespective of fault. This means that the lack of a police report will not have a significant impact on an insurance claim.
If a person wants to claim compensation for non-economic losses, they need to step outside the no-fault system and file a personal injury lawsuit. However, to file a lawsuit, liability needs to be established. The lack of a police report can make it difficult to do so. At the same time, the police report can also help protect a claimant from the negative effects of the pure comparative negligence rule. It will help prevent an unjust shifting of the blame and unjust reduction of compensation.
Conclusion
A police report is one of the most important pieces of evidence in a car accident compensation claim. However, the lack of a police report does not prevent you from filing a claim, but it does make proving liability and justifying compensation a bit difficult. However, your attorney can still rely on other evidence to build your case. If you’re looking for the best car accident lawyer in NYC, Alex Yadgarov & Associates is the place for you. Contact us today and schedule your free consultation.
