When it comes to car accidents in New York, they can range from minor fender benders to more severe accidents with potentially life-threatening injuries. While it is a must to call the police when serious accidents occur, do we need to do the same for minor accidents, or is it safe to exchange information with the other driver and drive away? And how will your decision impact your chances of getting fair compensation for any damages you’ve sustained? These are the questions that the team at Gabriel Law plans to answer as we take on the role of your New York City auto accident attorney.
What are fender bender accidents?
“Fender bender” is a term used to describe a minor collision between two or more vehicles. These accidents often occur in parking lots, at stop signs, or in slow-moving traffic and can result in a range of minor damages that include scratches, dents, damage to headlights and taillights, damage to bumpers, alignment issues, and minor internal damage.
Reporting car accidents in New York City
When it comes to reporting accidents to the police,you are not legally required to report a vehicle collision if it did not cause any injuries to individuals and the property damage did not exceed $1000.
On the other hand, if the vehicle collision causes a death or injury of a person or domestic animal, and the property damage exceeds $1000, you are legally required to file a police report. In addition to the police report, you must also file an accident report with the New York Department of Motor Vehicles within 10 days of the accident. (Form MV-104)
Why is a police report important in a fender bender accident?
When it comes to fender benders, while the law does not require you to report the accident, we advise that you file a report with the police regardless. This is because the police report that is created can become incredibly important in a number of ways towards claiming compensation for damages.
Provides an unbiased, neutral perspective
The police report acts as an official record of the incident and can take a look at the series of events that led to the accident and present an unbiased and neutral perspective that either corroborates or refutes the accounts of the parties involved in the accident.
Helps determine fault
When it comes to insurance settlements, your insurance company will try to get you to agree to the lowest possible amount, and one way they try to justify a lowball offer is by trying to pin the blame of the accident on you. When you are partially at fault for the accident, your compensation can be reduced under New York’s pure comparative negligence rules. Therefore, by having a police report, we can clearly establish who is at fault for the accident and prevent the comparative negligence rules from negatively impacting your claim.
Helps justify the compensation claimed
The police report, together with repair and damage estimates, can be processed by the insurance company to determine the extent of the damages suffered and whether the compensation you are claiming following the accident is fair and reasonable. The lack of a police report can lead to delays and even denials.
Evidence in legal proceedings
In the event your insurance company denies you a payout, you have the option of filing a lawsuit against them. The police report will become a powerful piece of documentary evidence that will support your legal arguments, address disputed facts, and overall contribute to the merit and credibility of your case.
Conclusion
When it comes to car accidents in New York, whether it be a fender bender or a more serious accident, file a report with the police. Because the alternative of not filing can lead down a path of unnecessary financial complications and legal challenges. As a personal injury law firm in NYC, Gabriel Law has plenty of experience handling car accident claims, and if you are in need of our legal expertise, contact us today to schedule your free consultation. At Gabriel Law, your peace of mind matters to us, and you can be sure that we will fight to get the justice and compensation you deserve.
