Can You Sue for Injuries When No Car Accident Report Was Filed?

Car accidents are stressful and confusing experiences. In the aftermath, you might not always call the police – especially if injuries aren’t immediately obvious or the crash seems minor. Later on, however, injuries can surface, leaving you wondering if you can still seek compensation. If no car accident report was filed with the police at the time, can you still sue for your injuries? This article will explain your rights under New York law and what you can do next. We’ll cover what New York law says about accident reporting, how it affects your injury claim, and what steps you can take to protect your rights.

Reach out to 那不勒斯什科尔尼克 for a thorough evaluation of your case and to ensure your rights are protected. Call us at (844) 234-5481 或者 联系我们 today to take the first step towards securing the compensation you deserve.

New York Laws on Accident Reporting and Your Right to Sue

In New York State, the law encourages drivers to report serious accidents to authorities. New York Vehicle and Traffic Law requires that you remain at the scene and notify police if anyone is injured or killed in a crash. For accidents involving only property damage, calling the police is not mandatory – but all drivers must still exchange insurance and contact information with each other. Additionally, New York DMV rules require drivers to file an official car accident report (Form MV-104) within 10 days for any accident that results in an injury, a fatality, or property damage over $1,000. Failing to submit this written report can lead to a suspended driver’s license, even if a police report wasn’t made at the scene.

Not reporting the accident to police does 不是 mean you forfeit your right to sue – there’s no law requiring a police report to file a personal injury claim. However, the absence of an official report can make it more challenging to prove the details of the crash. Insurance companies and courts often view a car accident report as important evidence of what happened​. Without that car accident report, you will need to rely on other evidence (like photos, medical records, and witness statements) to demonstrate what occurred and who was at fault. With strong evidence and the right legal guidance, you 能 still pursue a claim for your injuries even if the accident wasn’t reported to police at the time.

Steps to Take After an Unreported Car Accident

If you did not call the police immediately after your car accident, there are still steps you should take to protect your rights and build your case:

1. File a written accident report if required. Even if the police didn’t come, you may need to submit a Report of Motor Vehicle Accident (MV-104) to the DMV within 10 days of the crash if anyone was hurt or property damage exceeded $1,000. This ensures there is an official record of the accident.
   

2. Seek prompt medical attention. Don’t brush off any pain or symptoms. Some injuries (like whiplash or internal injuries) aren’t obvious right away. Getting a medical evaluation not only protects your health but also documents your injuries, which is vital evidence for any claim.
   

3. Gather evidence from the scene. If you’re able, collect as much information as you can. Take photographs of vehicle damage, skid marks, and the overall scene. Write down key details (date, time, location, weather conditions). Get contact information from any witnesses and note anything the other driver said about the accident.
   

4. Notify your insurance company. Inform your auto insurance provider about the accident as soon as possible, even if you didn’t call police at the scene. Provide the facts and let them know you have documentation. Most policies require prompt reporting of accidents, and failing to inform your insurer could affect coverage.
   

5. Consult a car accident lawyer. Even without a police report, a car accident lawyer can investigate the crash, gather evidence (like traffic camera footage or witness statements), and guide you through the claims process. Getting legal help early on can strengthen your position if you decide to file a lawsuit.

Pursuing Compensation After a Crash with No Police Report

Many accident victims worry that without an official police report, they have no case. The reality is that you can still file a personal injury lawsuit for your car accident injuries, even if the incident wasn’t reported to the police at the time. What matters for a successful claim is proving that another party’s negligence caused your injuries. A police car accident report is just one form of proof; it is not a legal prerequisite for a personal injury suit from a car accident.

That said, the absence of a police report might lead the other driver’s insurance company (or attorney) to question the seriousness or even the occurrence of the accident. Without a police report, you must establish the facts using other evidence such as witness accounts, photographs, and medical records. These can effectively fill the gap and show what happened.

New York’s No-Fault Insurance and Serious Injury Threshold

纽约的 no-fault insurance system means each driver’s own insurance covers their basic medical bills and lost wages after a car accident, regardless of who was at fault. However, no-fault insurance does 不是 cover pain and suffering or other non-economic damages. To seek compensation beyond no-fault coverage, your injuries must meet New York’s definition of a “重伤” under the law​.

Serious injuries typically include a broken bone, significant disfigurement, or an injury that causes substantial disability (for example, being unable to perform your usual daily activities for an extended time). Additionally, if your medical bills and other economic losses exceed $50,000 (the standard no-fault coverage limit), you may step outside the no-fault system and sue the at-fault driver for the remaining losses​.

Even without a police report, you maintain the right to sue as long as you suffered a qualifying serious injury and you have evidence that the other driver’s negligence caused the crash. The absence of a report doesn’t change the need to meet the injury threshold – it only means you’ll rely more on other evidence to prove your case.

Statute of Limitations in New York Car Accident Cases

New York law gives you a limited time to take legal action after a car accident. In most personal injury cases, the statute of limitations is three years from the date of the accident​. In other words, you generally have up to three years to file a lawsuit for your car accident injuries. If you wait longer, you will likely lose your right to sue.

This deadline applies even if you didn’t realize the extent of your injuries right away, and not having a police report doesn’t extend the time. There are very few exceptions. (If a government entity is involved in the accident, you may have to act much sooner – sometimes within 90 days – by filing a notice of claim​.)

经常问的问题

1. Can I still file an insurance claim if I didn’t call the police after the accident?
   Yes. You can typically file a car insurance claim even if the police weren’t called to the scene. Insurance companies prefer to have a police report​, but it’s not strictly required. Provide any evidence you have (photos, the other driver’s information, witness contacts, etc.) when you file the claim. Keep in mind that New York is a no-fault state, so you will first use your own PIP insurance for injury claims regardless of police involvement.

2. Will I get in trouble for not reporting a car accident in New York?
   Failing to report an accident involving injuries or significant property damage is against New York law. If someone was injured or property damage exceeded $1,000 and you didn’t report it, you could face penalties like fines or even a license suspension​. If the accident was truly minor (no injuries and minimal damage) and everyone exchanged information, you likely won’t face legal trouble for not involving the police. Still, it’s usually wise to file a car accident report for your own protection.

3. Can I sue for injuries even if I felt fine right after the accident?
   Yes. Some injury symptoms (like whiplash or a concussion) might not appear until days after the accident. The key is to see a doctor as soon as you notice any problems and document everything. Your medical records will help connect these delayed injuries to the accident. Not having a police report might make it more challenging, but solid medical evidence can prove that the crash caused your injuries.

Work with a Personal Injury Lawyer 

Connect with 那不勒斯什科尔尼克 for a comprehensive review of your situation and to safeguard your rights. Dial (844) 234-5481 或者 联系我们 today to begin your journey toward the compensation you deserve.