In the immediate aftermath of a car accident, one of the first questions that might cross your mind is, Should I call the police and report the accident? Considering how important police reports tend to be in subsequent legal proceedings, the answer to this question is a resounding yes. In this post, the car accident lawyer Manhattan team at the Law Office of Eli Schmulik will be explaining why calling the police and reporting the accident is a vital part of protecting your ability to recover compensation.
Am I legally required to call the police for a fender bender?Â
Car accidents can range from collisions with major injuries and totaled vehicles to simple taps and bumps; the latter we call fender benders. Most of the time, fender benders do not have injuries and property damage that exceed $1000; therefore, you are not legally required to report such an accident to the police.
When should I call the police after the car accident?
If a car accident takes place in New York, it is necessary to contact law enforcement and report the accident when
- A person has been killed or injured;
- A domestic pet has been killed or injured;
- There is property damage that exceeds $1000.
Other instances that merit reporting the accident to law enforcement include when
- One or more of the vehicles involved cannot be moved safely.Â
- The other motorist appears to be intoxicated.Â
- The other motorist is attempting to flee the scene without exchanging information.Â
- The accident involved the parked vehicle of which the owner cannot be located.
- The accident has damaged public property.
What are the consequences for reporting an accident?Â
As we’ve stated above, you are not legally required to report an accident that can be considered a fender bender. However, you will be required to report more serious accidents to the police. Failing to report such an accident can lead to serious consequences such as a license suspension, fines, and potential criminal charges.Â
Furthermore, keep in mind that you must also inform the New York Department of Motor Vehicles (DMV) if it is a serious accident that has caused over $1000 in property damage. Typically, you must notify the DMV within 10 days of the accident or face one or more of the penalties mentioned above.
Why should I report a car accident to the police?Â
It is generally advisable to report any and all car accidents to the police, regardless of their severity. This is because you will have more to gain than lose when reporting an accident. If the accident is serious and people have sustained injuries, the police officers on the scene would be able to provide basic first aid until the EMTs arrive and take over. At the same time, the police can take measures to cordon off the area to ensure the smooth flow of traffic and the preservation of the scene of the accident.Â
The police report that details the accident is an important piece of documentary evidence. The facts presented can allow us to determine the true cause of the accident and thus allow your lawyer to determine against whom legal action can be taken. At the same time, the police report can also be used to prove or dispel arguments of fault, preventing the potential reduction of compensation on grounds such as comparative negligence. Therefore, we once again reiterate—report the accident to the police, no matter the severity of the accident.
ConclusionÂ
In the aftermath of a car accident, reporting the accident to the police is a crucial step in protecting your rights and ability to claim compensation. If you want to learn more about your legal rights and responsibilities when it comes to reporting car accidents, you need to contact an experienced Manhattan car accident attorney, and the Law Office of Eli Schmulik is just the place you’re looking for. Schedule a free consultation with us so we may guide you through the legal process and put your mind at ease.
