Do I Need a Police Report if I Was in a Pedestrian Accident in New York City?
If you were the victim of a New York City pedestrian accident, it is vital to file a police report– even if you think you were not hurt in the collision. Many injuries do not appear immediately. Further, without a police report, it is difficult to prove fault against the negligent driver. You must also file to qualify for the state’s no-fault medical benefits. No-fault claims require filing within 30 days of the accident.
Proving fault is necessary to win a personal injury lawsuit against a negligent or reckless driver. The police report is a crucial document, as it includes statements from eyewitnesses, information from first responders about the injuries occurring, and other details from the scene. The latter may include the speed of the vehicle that hit you.
The New York pedestrian accident lawyers at Douglas & London will negotiate aggressively with the at-fault driver’s insurance company so that you may receive the maximum compensation for your injuries. Our dedicated attorneys have recovered more than $18 billion for clients in verdicts and settlements.
No-Fault Insurance
New York is a no-fault insurance state. The at-fault driver’s insurance will pay for the pedestrian’s medical expenses and lost wages up to $50,000 if the driver carries only the minimum amount of liability insurance required. Many drivers carry more than the minimum.
Many pedestrian accidents result in severe injuries, and this allows the plaintiffs to go beyond the no-fault system. If the accident results in serious injuries, expenses are above the defendant’s insurance threshold, or the driver was under the influence at the time of the crash, you can file a personal injury lawsuit.
Filing a Police Report
The New York City Police Department requires officers to file a crash report if an injury occurs. Always ask the driver who hit you to wait, which they are legally obligated to do. If possible, obtain the driver’s name, address, insurance, and contact information before the police arrive. If you are too badly injured, ask an eyewitness or anyone who has come to your aid to help.
While it is best to wait for the police to arrive on the scene, severely injured pedestrians must go with first responders to the nearest emergency room. The pedestrian or someone representing them can receive a police report from the precinct station within five days of the accident. It is also possible to receive the document from the New York Department of Motor Vehicles.
When speaking to the officer, do not make any statements regarding fault. For example, do not say the accident occurred because you were distracted by your phone. The driver still has a duty of care not to hit you.
Hit and Run
If the driver did flee the scene, you are the victim of a hit and run accident. Hit and run accidents require reporting to the NYPD within 24 hours of the incident.
Get Immediate Medical Attention
As noted above, while filing a police report is crucial, it is also critical to get immediate medical attention. Without an examination, the driver’s insurance company may allege your injuries were not serious or were not due to the accident. Rather than deal with the driver’s insurance company on your own, engage the services of a personal injury lawyer.
Contact us for a free consultation
If you were seriously injured in a pedestrian accident or if a family member was killed in such a collision, you need the services of the experienced New York City personal injury lawyers at Douglas & London. Arrange a free consultation by calling or texting us 24/7 or submitting our online form. There is no fee unless you receive compensation, as we work on a contingency basis. Hablamos Español.
