How Long Do You Have to File a Police Report in New York State?

On Behalf of COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. | March 14, 2024 | Police Accident Reports in NY |

In the state of New York, you are required to fill out and submit an accident report within 10 days from the date of the accident if someone is injured or there is more than $1,000 in damage to anyone’s property, including yours. Here’s how to ensure you comply with this important requirement.

If your accident meets specific criteria, you must also submit a separate report to the New York Department of Motor Vehicles within 10 days. Failure to do so may result in the suspension of your driver’s license.

Wondering if you can file a police report days after an accident in New York State?

Yes, but the more important question is, how long after an accident can you file a police report, or how long do you have to file a police report after an incident?

That answer is the same – ten days.

A police report provides a detailed record that helps insurance companies and the courts understand what occurred. Car accident lawyers use this report to figure out if there’s a legal case. This ensures that all the necessary information is properly documented.

Can You File a Police Report After an Accident?

After a car accident, the first step is to assess the situation and check on the welfare of everyone involved.

Next, it’s important to call the police while you’re still at the scene of the crash. This will ensure that you, the other party involved in the collision, and any witnesses are on the scene when the police arrive to take the report.

If your phone is unavailable at the time, borrow one, or look for a payphone. You want to be sure that everyone involved in the accident – including witnesses – is there to talk to the police. If this is not possible and if your car is operable, you can elect to drive to the nearest police station to submit a report or call the police as soon as you arrive home.

New York state law mandates that you should report an accident “as soon as physically able.”

In situations where reporting is not possible, a passenger or the owner of the vehicle can file a report, but the 10-day reporting rule still applies in these cases. Following these steps ensures compliance with legal requirements and promotes safety for everyone involved in the accident.

Don’t assume that the DMV or your insurance company will handle the communication with the police on your behalf, they will not.

What Happens if You Don’t File a Police Report After an Accident?

Reporting a motor vehicle accident is not just a legal obligation in New York State, but failing to do so can lead to significant fines and possible imprisonment, especially if there are injuries involved.

Not complying may result in a fine of $250, up to 15 days in jail, or a combination of both. If the accident involves bodily injury, the severity of the penalties increases, escalating to a Class A misdemeanor. For this category of offense, the consequences become more significant, with a potential fine of up to $1,000 and imprisonment for up to one year.

Reporting an accident isn’t just a legal obligation; it’s a critical step to avoid substantial fines and potential imprisonment, particularly when bodily injury is involved.

Furthermore, filing a police report immediately after an accident will not only help you avoid these serious consequences, and protect yourself against legal action, but it also affords you the opportunity to have everything documented in case you decide to pursue a car accident injury claim.

How Long Do You Have to Report a Car Accident to Your Insurance in New York State?

In New York State you must report the accident to your insurance company within 30 days of the incident.

If you miss this deadline, your insurance claim might be rejected, leaving you without the compensation you need. Failing to meet this deadline gives the insurance company a reason to deny your claim.

Timely reporting of the incident to your insurance company is essential to ensure you remain eligible to receive the compensation you deserve.

When Are You Not Required to File a Police Report After an Accident?

When you’re involved in a minor car accident where only property is damaged, it’s not necessary to involve the police.

However, in those situations, you are still required by law to share your information with the other drivers involved in the wreck. Make sure to share details like your driver’s license information, insurance, and vehicle registration.

You must stay at the scene and call the police right away if:

• Someone is hurt or killed.
• A pet is hurt or killed.
• A parked car or other property is damaged, and you can’t find the owner.

For insurance purposes, you should fill out a Report of Motor Vehicle Accident, you can also find it at your local police precinct. This report helps in documenting the incident and is essential for processing insurance claims.

Contact a Queens Car Accident Attorney

If you’ve been in an accident in New York State, timely reporting is essential. Whether you’re seeking legal guidance or navigating insurance claims, our team of Queens, New York Car Accident Lawyers and New York truck accident lawyers at Cohen & Cohen Personal Injury Lawyers, P.C. is here to assist you every step of the way. Contact us to schedule a free case evaluation with a Queens car accident attorney today!