When you’ve been in a car accident, you can still file an insurance claim without a police report. However, having the police report not only speeds up the process but also ensures a smooth and efficient insurance process, preventing any hold-ups due to a lack of information that can question the validity of the incident.
Filing a police report not only helps protect your claims and prevents ‘hearsay’, but it also provides a sense of security, ensuring your claim goes through quickly and efficiently.
Reporting an Accident
Reporting an accident is a proactive way to protect yourself, determine the compensation you can earn back after the incident, and safeguard against potential legal issues. Filing an accident report with the Department of Motor Vehicles is standard practice even when not legally required.
If drivers or passengers are in accidents with damage totaling more than $1,000 or if anyone sustains an injury, filing an accident report with the DMV is essential for local law enforcement and insurance purposes.
As car owners, insurance policies can be lengthy, confusing, and misleading. But they are arguably the most important contracts that exist for drivers. Knowing your current policy, requirements, and stipulations is essential to speeding up claim handling.
Benefits of a Police Report
Although a police report is not required, it is extremely beneficial to the insurance claims process. Filing a physical damage claim or no-fault claim can be much quicker and more seamless with a detailed police report regarding the details surrounding the accident, parties involved, and circumstances.
Reporting the collision expedites the insurance process and validates your claims. Without a report, you might not be able to receive the same level of compensation (or any at all) for physical damage, post-accident psychological trauma, and injuries.
Having a police report helps by:
- Proving the accident occurred
- Proving the accident resulted in injuries
- Proving that you have enough evidence to receive the insurance settlement
- Proving that you are telling the truth about the incident (disproving another person’s claims that could say you are at fault).
Does NY Law Require Reporting of a Car Accident?
Reporting a car accident is legally required in many situations within New York state, such as when:
- The accident resulted in injured parties
- The accident resulted in a fatality
- The accident killed or injured a domestic animal
- The accident resulted in property damage >$1,000
For drivers who also damage a parked car or a vehicle without another driver present, reporting the accident is essential so that the police can file a claim regarding the collision without the secondary party involved.
If a person leaves the site of an accident when another person is injured as a result of the accident, this can lead to criminal charges.
Obtaining a Copy of the Police Report
To obtain a police report, drivers can contact the local Manhattan police agency or the jurisdiction where the accident occurred.
They will need to provide specific details about the accident, such as the date, time, and location, as well as their personal information. Once the request is processed, the police report can be picked up in person or mailed to the driver’s address.
Filing a Report On Time vs. Late
Drivers who might get caught up in the moment right after an accident could delay filing a police report. Although this isn’t illegal, it can slow the insurance claims process and reduce the validity of the person’s claims.
Not filing a police report as soon as possible after the accident can extend the process of a claim or lawsuit, making reaching a timely verdict more challenging. It’s important to remember that the more time that passes, the more likely it is for crucial details to be forgotten or for the other party to change their story, which can significantly impact the outcome of the claim.
Filing a claim right after the accident can help bring police directly to the scene to obtain extra proof that the accident occurred. Furthermore, the police will make a formal statement regarding the accident and gather information from those involved and any witnesses.
Lastly, filing a police report right away can help rule out anything illegal during the accident, such as driving under the influence or dealing with a hit-and-run occurrence.
Filing a No-Fault Claim
If you are in an accident, file a No-Fault Claim with the insurer as soon as possible after the accident.
This no-fault claim identifies the person injured in the accident, reasonable information surrounding the circumstances (such as the date, time, and location of the accident, a brief description of what happened, and any immediate medical treatment received), and justification for the filing. The no-fault claim goes directly to the vehicle’s insurer if the accident occurs in New York.
If you live and work in New York but are driving outside the state or in a vehicle that is not your own, you must file a no-fault claim with your insurance company. For example, suppose you are on public transportation or a passenger in a vehicle. In that case, you can file a no-fault claim applicable to the automobile policy of your vehicle or someone in your current household.
Even if you don’t have insurance, you can still file a claim with no-fault benefits with the Motor Vehicle Accident Indemnification Corporation (MVAIC) to apply for benefits, obtain coverage, and pay for any required medical treatment. For passengers or drivers who need medical treatment, you can request reimbursement after an initial payment or submit your bills directly to the no-fault insurer.
No-Fault Benefits
No-fault benefits adhere to pre-set fee schedules. They must be paid within 30 days of the healthcare provider’s claim receipt, with any extra proof of lost earnings (e.g., inability to work due to injuries, travel to/from hospital, etc.).
If the insurance company doesn’t pay your No-Fault claim within 30 days, they must pay an additional 2% interest on the unpaid amounts and attorney’s fees (if applicable).
For drivers or passengers who are denied their no-fault benefits, there are a few options to consider:
- File a complaint
- Request a no-fault arbitration
- Go to Court
Filing a Physical Damage Claim
If your car has been damaged or stolen during the accident, you can receive a quick and fair settlement from your insurer for the damages to the car or the vehicle’s value.
NY Regulation 64 assures a fast and efficient settlement from your insurer to adhere to payment guidelines, handle claims, and evaluate property damage liability claims against another driver involved in the car accident.
The insurance company is required to do the following during a physical damage claim:
- Inspect the damaged vehicle and make a good-faith offer
- Provide a written estimate of details
- Identify an auto shop for car repair
- Pay cash value if the car is a total loss
- Make a payment within 5 days after settlement, and
- Provide a written explanation of the reasons for any applicable delay.
How to File a Police Report
Now that you know the benefits of filing a police report and how it can expedite the claims process, it can be helpful to understand the simple steps of filing a police report during a stressful post-accident scenario.
The first thing to do in an accident is to help injured drivers, passengers, or pedestrians and secure the scene.
Next, call 911 to help increase the safety of the screen and immediate area. You can also speak with the police officers regarding the situation, and they can make formal statements to prove the validity of your claims.
Exchange information with the other driver to give to your insurance company. To expedite the process, make sure you receive the name(s), license number, phone number, and insurance company information.
Involved in an Accident? We Can Help
Choosing the right personal injury attorney to help you after an unfortunate accident is essential to winning your case. You can help receive compensation from your insurance company, disprove any false claims from other drivers, and put your mind at ease.
Cellino Law provides decades of professional expertise in winning cases for car accidents in Manhattan and the surrounding neighborhoods.