Being involved in a car accident is a scary and frustrating experience. In the moment it happens and the immediate aftermath, you are scared and worried about injuries. Later, it can become frustrating as you argue with insurance companies and the other driver or drivers involved about liability and the costs of any injuries or damage. One of the more frustrating aspects can be figuring out how to get an accident report in New York. If you have never been in an accident before, you may not know where to begin trying to find your accident report. While the process to get your accident report is simple, it can be difficult if you are already overwhelmed with injuries or other issues from the accident. One of our knowledgeable car accident attorneys at Stufano Law may be able to get your accident report on your behalf, as well as negotiate with insurance companies or file a lawsuit against the other driver. Call (914)752-7746 to discuss your options regarding your New York car accident.
What Is the Law Regarding Accident Reports in New York?
N.Y. Veh. & Traf. Law § 605 requires an accident to be reported anytime the motor vehicle accident results in more than $1,000 in damage or any injury to drivers, passengers, or other parties involved in the accident. If the police respond to the accident, they will automatically file this report on behalf of the drivers involved.
If the police do not respond, the drivers involved must complete and file the accident report with the New York Department of Motor Vehicles (DMV). Failure to report an accident is a misdemeanor which can be grounds to suspend or revoke the driver’s license.
What Information Is Contained in an Accident Report?
Accident reports contain valuable information about the accident, which is why filing a report and providing the insurance company with a copy can be so important. The most valuable information the report contains is the accident date, time, and location, the make, model, year, and license plate number of the vehicles involved, and the driver’s license number and insurance policy information for all the drivers involved.
Additional information the report includes that assists with determining liability and other details includes the names of passengers and contact information for the drivers, passengers, and any witnesses for getting details about how the accident happened. Details about the general weather conditions, any injuries sustained, and vehicle or property damage descriptions are also useful in determining the cause of the accident. Any sketches or drawings that are provided describing how the accident happened may also be helpful in determining fault.
How To Get an Accident Report in New York
The process of how to get an accident report in New York is simple. Drivers can order a certified report online from the New York State DMV. The first step in the process is to do a free search to confirm that the report has been filed and is in their system. Once the free search confirms the report is available, the driver will pay either a $7 or $10 search fee (depending on whether they use the online system or the Records Request Navigator system. They will also need to pay a $15 fee to purchase each report they need.
Drivers should note that they will be charged the search fee even if they enter incorrect information or no report is found. Additionally, after purchasing the report, drivers have seven days to access and download the report. After seven days, they will need to repurchase the report. If drivers experience trouble downloading the PDF of the report, they should confirm their operating system and web browser are up to date. If you require assistance in finding, purchasing, or downloading your accident report, Stufano Law may be able to assist you.
How Long Does It Take for Reports to Be Available?
Accident reports are available to search for and order between 14-60 days after the accident, depending on who files the report and where the accident happened. Electronically filed reports from any borough in New York City will be available at least 14 days after the accident. Paper police reports will be available at least 30 days after the accident. Reports filed by motorists anywhere in New York State will be available at least 60 days after the accident.
How To Get an Accident Report for an Accident in New York City
Yonkers is approximately an hour away from New York City, making it easy for Yonkers residents to drive into the city for work or leisure. The population of the city and intense traffic also means residents of Yonkers could be involved in a car accident while in New York City. Fortunately, how to get an accident report for an accident that occurred in the city is as easy as the process for how to get an accident report elsewhere in the state.
The New York Police Department (NYPD) indicates drivers can request a copy of the report at the precinct where the accident occurred during the first 30 days from when the report is filed. If they do not wish to request the report online, they must download and complete two copies of the Police Collision Report. They can then mail or deliver the copies in person to the precinct. After the initial 30 days, drivers must request the report from the New York DMV.
What Is the Statute of Limitations for Car Accidents in New York?
CPLR 214(4) gives those injured in a car accident three years from the date of the accident to file a lawsuit. Filing a claim with the insurance company should be done as quickly as possible to ensure that if negotiations break down or a lawsuit is necessary for other reasons, individuals will have enough time to file their lawsuit before the statute of limitations runs out. When filing a claim with the insurance company, individuals should be careful to avoid these insurance claim mistakes. While the New York DMV does keep reports for four years from the date of the accident, it is strongly recommended to get a copy of the report as soon as possible.
How Can a Personal Injury Attorney Assist You?
When you have been involved in a car accident, you might feel overwhelmed, particularly if you were injured and suffered severe damage to your vehicle. While getting a copy of an accident report may seem like a simple thing to do, it may be more than you can handle while also trying to heal, get your car repaired, and talk to insurance claims adjustors. If you are feeling overwhelmed after a car accident, or simply have questions about how to get an accident report, Stufano Law’s experienced car accident attorneys may be able to assist you. Call (914)752-7746 to learn more about how we may be able to help you resolve your car accident claim.
