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A car accident can occur anywhere and at any time. From minor fender benders to motor vehicles running through the walls of local businesses, the form a car crash takes really doesn’t surprise too many people in modern day America, because like most people, a large majority of us have seen it all before. This point is demonstrated by the fact that between 2012 and 2014, an estimated 11,409 New Yorkers were treated in emergency departments per month due to car accidents, according to the New York State Department of Health.
In Westchester County, car accidents in White Plains, NY and other municipalities within the county resulted in $47.7 million in hospitalization charges and $17 Million in emergency department-related charges per month on average from 2012 to 2014. Moreover, 24% of those hospitalized due to car accident-related injuries were diagnosed with traumatic brain injuries (TBI), which can lead to death, paralysis, and other severe injury-related symptoms. Despite the fact that car accidents in White Plains, NY occur on a regular basis, both new and veteran drivers alike are usually unaware of the specific provisions of the car accident laws in White Plains, NY that dictate a driver’s rights and responsibilities after being involved in a car accident.
Do You have to File a Police Report after a Car Accident in NY?
For starters, you are not always required to file a police report after a car accident, but failing to file a police report after a reportable accident can have some serious legal consequences. According to Daniel Kalish, a White Plains car accident lawyer at the Law Office of Daniel Kalish, you are required to file a police report after being involved in a car accident that results in:
- Any party involved in the accident being injured or killed
- Damage to a parked vehicle or other property and the property or vehicle owner cannot be located
- Injuries to a domestic animal and the animal’s owner cannot be located
Keep in mind, leaving the scene of an accident where someone involved has been injured or killed can result in you being charged with a criminal offense that can range from a Class B misdemeanor to a Class D felony, depending on the situation. If you are involved in a car accident that results in any party involved sustaining more than $1,000 in property damage, you are required to report the accident to the DMV within 10 days, and failure to do so can result in your license being suspended.
Moreover, if you are involved in a car accident that results in property damage only, you are required to exchange insurance, license, and registration information with all of the other drivers involved in the accident. Failing to stop and exchange your information with the other drivers involved in a car accident involving property damage only can result in you receiving a traffic ticket.
Can I File a Claim Without a Police Report in White Plains, NY?
Although the car accidents laws in White Plains, NY do not require you to file a police report in order to file an car accident-related insurance claim, most car accident attorneys in White Plains, NY will tell you that in the abundance of caution, you should contact the police after being involved in a car accident, regardless of the situation, for a few reasons. First, you may not immediately know whether or not someone was injured in the accident. As such, you can call the police and allow them to determine whether or not a police report should be filed.
Second, cases involving two drivers and no witnesses can become hard to prove without a police report from an unbiased party to document the facts of the accident. Moreover, if you don’t file a police report or at least call them to come to the accident scene, your claim will be based on your testimony and the testimony of the other driver involved, neither of which can be considered unbiased unless someone else can confirm the facts of the accident or make observations at the accident scene. So, although you are not required to have a police report to file a claim, you should always err on the side of caution and at least contact the police after being involved in an accident if possible.
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This content is sponsored by Khalid Irfan.
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