Car accidents can be overwhelming, and it’s not always clear what your legal obligations are or what steps you should take next. If you’ve been involved in a car accident in New York, you may be wondering whether you have to call the police.
So, should you call the police after a car accident in New York? You must call the police if a person or animal is injured or killed, or if property is damaged and the owner can’t be found.
Calling the police is just the first step when it comes to recovering compensation for a car crash. A Long Island car accident lawyer can guide you through the rest of the process.
Do I Have to Call the Police After a Car Accident in New York?
In most cases, yes. New York law requires you to report a car accident to the police if a person or domestic animal is injured or killed, or if a parked vehicle or other property is damaged and the owner can’t be found.
You must also file an accident report with the Department of Motor Vehicles (DMV) if the property damage caused by the crash exceeds $1,000 for any individual.
Even if you think the accident is minor, calling the police is generally advisable. A police officer can document what happened, gather statements, and create an official report of the crash. This documentation can serve as crucial evidence if you file an insurance claim or personal injury lawsuit later on.
Case Today (212) 977-2020
What Happens if You Don’t Report an Accident in NY?
If you fail to report an accident that caused injury, death, or more than $1,000 in property damage, you could face legal consequences. Under New York Vehicle and Traffic Law §605, drivers must file a written report with the DMV within 10 days of a reportable crash.
Not reporting a qualifying accident can lead to:
- Driver’s license suspension: The DMV can suspend your license until the report is filed.
- Fines and penalties: You may be fined or face other civil penalties.
- Criminal charges: If you leave the scene of an accident involving injury or death, you could face hit-and-run charges.
Beyond the legal risks, failing to report a crash can also hurt your chances of obtaining compensation. Without a police report, insurance companies may question your claim or argue that your injuries weren’t caused by the accident.
Do You Need a Police Report to File an Insurance Claim?
You don’t always need a police report to file an insurance claim, but having one can strengthen your case. If you’re filing a claim for property damage or personal injury, the report will serve as objective evidence of what happened.
Without one, you’ll have to rely on photos, witness statements, and your own account, which can make your case harder to prove.
When Do You Not Have to Call the Police?
In New York, car accidents that only result in property damage are not required to be reported to the police. However, you still must exchange driver’s license, insurance, and registration information with the other drivers involved in the crash.
In addition, if the accident causes more than $1,000 of damage to the property of any one person, you must file a report with the DMV.
What Else Should I Do After a Car Accident in New York?
In addition to contacting the police, you should take these steps after a car crash:
- Check for injuries: If anyone is hurt, call 911 and request medical assistance.
- Exchange information: Obtain contact details, driver’s license numbers, license plate numbers, and insurance information from all drivers involved in the accident.
- Take photos: Capture the scene of the accident, the vehicle damage, the road conditions, and any visible injuries.
- Seek medical attention: Some injuries don’t show symptoms right away. Be sure to see a doctor to get evaluated.
- Notify your insurance company: Report the accident as soon as possible to start the claims process, but avoid going into detail or discussing fault.
- Contact a lawyer: An experienced attorney can protect your rights and guide you through the claims process.
How Long After a Car Accident Can You File a Claim in New York?
Typically, you have three years from the date of a car accident to file a personal injury claim in New York. However, insurance companies typically require you to report an accident within 30 days.
A delay can hurt your credibility and reduce your chances of receiving fair compensation, which is why it’s important to contact a lawyer right away.
Why Hire a Car Accident Attorney?
Insurance companies often try to dispute liability or pressure victims of car accidents into accepting quick settlements. A lawyer can help you by:
- Investigating the crash: An attorney can gather police reports, witness statements, and expert testimony to support your claim.
- Calculating your damages: A lawyer can assess your losses and determine your claim’s true value.
- Handling negotiations: An attorney can deal with insurance adjusters and fight for a fair settlement on your behalf.
- Filing a lawsuit: If the insurance company refuses to settle, your lawyer can take your case to court.
An experienced attorney will level the playing field and ensure you don’t get taken advantage of.
What Not to Do After a Car Accident in New York
After a car crash, it’s easy to make mistakes that hurt your case. Be sure to avoid:
- Admitting fault: Even a simple apology can be used against you later.
- Skipping medical treatment: You can jeopardize your claim if you don’t seek medical care or follow your doctor’s instructions.
- Waiting to report the crash: Waiting too long to report the accident can raise red flags for insurers.
- Signing agreements without a lawyer: Without legal representation, you may unknowingly sign away your right to future compensation.
Get Help From a Car Accident Lawyer Today
The laws surrounding car accident reporting in New York can be confusing, especially in the wake of a traumatic crash. An experienced car accident lawyer from Chaikin Trial Group Injury Lawyers can help you navigate the legal process and put together a strong claim.
Schedule a free consultation to get legal help today.
