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FAQs: Car Accident Reports in New York

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Car accidents can be stressful, and understanding when and how to report them in New York is crucial. Whether you were in a minor fender bender or a more serious collision, knowing the legal requirements and processes for filing an accident report can help protect your rights and ensure compliance with state laws.

How Long Do You Have to Report an Accident in New York?

New York law requires drivers involved in car accidents to report the incident under specific circumstances. 

According to New York Vehicle and Traffic Law, you must report an accident to the Department of Motor Vehicles (DMV) within 10 days if it resulted in:

  • Property damage exceeding $1,000
  • Injury or death to any person

If you fail to file a report within this timeframe, your driver’s license may be suspended until you comply.

Do You Have to Report an Accident to the Police After the Fact?

In New York, you must report an accident to the police immediately if:

  • Someone was injured or killed
  • The accident caused significant property damage
  • The other driver fled the scene (hit-and-run)

If an officer responds to the scene, they will complete a Police Accident Report, which is automatically filed with the DMV. However, if police do not respond, you may still need to file a report with the DMV to meet legal obligations.

When Should You File a Police Report for Car Damage?

If the accident only resulted in minor damage and no injuries, you may not be legally required to report it to the police. 

However, it’s still advisable to do so, as an official report can be useful for:

  • Filing an insurance claim
  • Protecting yourself against false claims from the other driver
  • Providing documentation in case of a future dispute

Even if the damage is minor and no injuries are involved, filing a police report can still offer valuable protection and ensure you have proper documentation for insurance claims or potential disputes down the line.

What Happens If You Don’t Report an Accident?

Failure to report an accident in New York can result in:

  • License suspension: Not reporting an accident to the DMV within 10 days can lead to a suspension.
  • Legal consequences: If you leave the scene of an accident involving injury or significant property damage without reporting, you could face criminal charges.
  • Insurance issues: Many insurance policies require prompt accident reporting, and failure to do so could affect your ability to file a claim.

Failing to report an accident in New York can lead to serious legal, financial, and insurance-related consequences, making it crucial to report any accident promptly to avoid these penalties.

How to Obtain a Copy of a Car Accident Report in New York

If a police officer responded to your accident, you can request a copy of the report by:

  1. Online: Through the New York State DMV website
  2. In-person: At the precinct where the accident was reported
  3. By mail: Sending a request to the New York DMV

Reports are typically available within 14 to 30 days after the incident.

What Role Does Comparative Fault Play in New York Car Accidents?

New York follows a pure comparative negligence rule, meaning that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced based on your percentage of fault. For example, if you are found 30% responsible, your total compensation would be reduced by 30%.

What Are the Statutes of Limitations for Car Accident Claims in New York?

The statute of limitations are as follows:

Failing to file a claim within these time limits may result in losing your right to compensation.

Contact Our New York Personal Injury Law Firm Today at Passalacqua & Associates, LLC 

If you were injured in an accident in Utica or Syracuse, and need legal help, contact our New York personal injury lawyers at Passalacqua & Associates, LLC to schedule a free case review today.

Passalacqua & Associates, LLC
7 Hopper St,
Utica, NY 13501
Open 24/7
(315) 500-6425

Passalacqua & Associates, LLC
499 S Warren St #220,
Syracuse, NY 13202

Open 24/7
(315) 500-6425

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Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.

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Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.

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