Can You File an Insurance Claim Without a Police Report in New York?

If you were injured in an accident but didn't obtain a police report at the scene, you may be concerned about your ability to file an insurance claim. The good news is that New York law doesn't require a police report to initiate an insurance claim, though having one can significantly strengthen your case.

In this guide, our exceptional New City car accident lawyers will explain everything you need to know about filing insurance claims without police reports, including when documentation is required, what alternative evidence you can use, and how to protect your right to compensation.

What Are New York's Police Report Requirements

New York has specific legal requirements for reporting accidents, which differ from those for filing insurance claims.

When You Must File a DMV Report

Under Section 605 of the New York Vehicle and Traffic Law, you must file a Report of Motor Vehicle Accident (Form MV-104) with the Department of Motor Vehicles within 10 days if the accident involves:

• Any injury or death to any person
• Property damage exceeding $1,000 to any one person (including yourself)

This DMV filing requirement applies regardless of whether police came to the scene. You must complete Form MV-104 even for minor accidents if damage costs exceed the $1,000 threshold. Failing to file when required can result in misdemeanor charges, fines, and suspension of your driver's license or vehicle registration.

When Police Must Be Called

New York law requires you to immediately notify the police if:

• Anyone suffers an injury or dies
• A domestic animal is injured or killed
• A parked vehicle or other property is damaged, and the owner cannot be located
• You're involved in a hit-and-run accident

For hit-and-run accidents specifically, you must report to the police within 24 hours to preserve your right to claim uninsured motorist benefits.

Minor Accidents Without Reports

If no one is injured and property damage falls under $1,000, you're not legally required to file a DMV report or call the police. However, you must still exchange information with the other driver, including names, addresses, driver's license numbers, vehicle registration details, insurance information, and license plate numbers.

Can You File an Insurance Claim Without a Police Report

Yes, you can file an insurance claim in New York without a police report. New York insurance law doesn't mandate police documentation as a precondition for filing a claim. Insurance companies cannot refuse to accept your claim simply because you lack a police report.

However, the practical reality is more complex. While you can file a claim, proving your case and securing fair compensation becomes significantly more challenging without official documentation.

Why Insurance Companies Prefer Police Reports

Insurance adjusters rely heavily on police reports when evaluating claims because these reports provide:

• An impartial, third-party account of the accident
• Official documentation of the date, time, and location
• Contact information for all involved parties
• Statements from drivers, passengers, and witnesses
• Preliminary fault determinations
• Citations or violations issued at the scene
• Objective observations about road conditions, weather, and vehicle damage

Without a police report, insurance companies may question the validity of your claim, delay processing, or offer inadequate settlements.

How No-Fault Insurance Works in New York

New York operates under a no-fault insurance system, which means your own insurance company pays for your medical expenses and lost wages up to $50,000 through Personal Injury Protection (PIP) coverage, regardless of who caused the accident. For these no-fault claims, a police report is helpful but not strictly required.

You must notify your insurance company within 30 days of the accident to qualify for no-fault benefits, though reporting within 24 hours is recommended.

If your injuries are severe or your damages exceed $50,000, you may pursue a claim against the at-fault driver's insurance. In these liability claims, proving fault becomes essential, and the absence of a police report makes your case more difficult.

Alternative Evidence When You Don't Have a Police Report

If you don't have a police report, you'll need to rely more heavily on other forms of evidence to substantiate your claim and prove fault.

Photographic and Video Evidence

Visual documentation provides powerful evidence of the accident scene and resulting damage:

• Photos of vehicle damage from multiple angles
• Images showing the accident location, including street signs and traffic signals
• Pictures of road conditions, weather conditions, and lighting
• Photographs of visible injuries
• Dash cam footage from your vehicle or the other driver's vehicle
• Surveillance footage from nearby businesses, traffic cameras, or residential security systems

Take photos immediately after the accident if possible, as conditions change and vehicles are repaired or moved.

Witness Statements

Eyewitness testimony can corroborate your version of events. Collect contact information from anyone who saw the accident, including:

• Other drivers and passengers
• Pedestrians who observed the collision
• Business owners or employees from nearby establishments
• Residents who witnessed the accident from their homes

Written or recorded statements from witnesses carry significant weight in claim negotiations and potential litigation.

Medical Records and Documentation

Medical evidence directly links your injuries to the accident:

• Emergency room records and admission reports
• Treatment notes from doctors and specialists
• Diagnostic test results, including X-rays, MRIs, and CT scans
• Prescription records
• Physical therapy and rehabilitation records
• Medical bills and payment records

Seek medical attention immediately after an accident, even if injuries seem minor. Delayed treatment raises questions about whether the accident actually caused your injuries.

Expert Analysis and Accident Reconstruction

For complex cases or disputes about fault, professional analysis can strengthen your claim:

• Accident reconstruction experts who analyze crash dynamics
• Medical experts who testify about injury causation
• Vehicle damage assessment from mechanics or body shops
• Biomechanical experts explain how crash forces caused specific injuries

These expert opinions help establish liability and damages when official police reports are unavailable.

How New York's Comparative Fault System Affects Your Claim

New York applies a pure comparative fault rule when determining damages. This means multiple parties can share responsibility for an accident, and your percentage of fault reduces your compensation.

For example, if you're awarded $100,000 in damages but found 20% at fault for the accident, you'll receive $80,000. Even if you're 99% at fault, you can still recover 1% of your damages.

Police reports often provide initial fault determinations that influence settlement negotiations. Without a police report, insurance companies may try to inflate your percentage of fault to minimize their payout. Building a strong case with alternative evidence becomes essential to counter these tactics.

Common Scenarios Where Police Reports May Be Unavailable

Several situations commonly result in accidents without police documentation:

• Minor collisions: Drivers involved in fender benders with minimal damage may agree not to call police, especially if both vehicles remain drivable and no injuries are apparent.
• Hit-and-run accidents: When the at-fault driver flees the scene, obtaining a police report may be difficult. However, you should still report the incident to the police within 24 hours to protect your uninsured motorist coverage.
• Private property accidents: Collisions in parking lots or on private roads sometimes occur without police response, as some jurisdictions consider these outside police jurisdiction.
• Delayed injury recognition: You may not realize you're injured until hours or days after the accident, making it more difficult to obtain a police report.
• Lack of awareness: Some accident victims don't understand the importance of filing a police report and fail to request one at the scene.

Steps to Take When Filing a Claim Without a Police Report

If you need to file an insurance claim without a police report, follow these steps to maximize your chances of success:

1. Document everything at the scene: Collect as much information as possible, including photos, videos, witness contact information, and details about the other driver, their vehicle, and their insurance.
2. Seek medical attention immediately: Get examined by a doctor even if you feel fine. Medical records provide essential documentation linking your injuries to the accident.
3. File your DMV report promptly: If the accident involves injury or damage exceeding $1,000, file Form MV-104 within 10 days to comply with New York law and avoid penalties.
4. Notify your insurance company: Report the accident to your insurer within 24 hours, even if you're not ready to file a formal claim. Provide your policy number and a clear description of what happened.
5. Submit your documentation: Provide all evidence you've gathered, such as photos, witness statements, medical records, and any other relevant materials. Use your insurer's online portal if available and request confirmation of receipt.
6. Keep detailed records: Document every interaction with insurance companies, noting dates, times, names of representatives, and summaries of conversations.
7. Be prepared for additional scrutiny: Insurance companies may conduct more extensive investigations when police reports are absent. Cooperate with requests for information while protecting your rights.
8. Consider legal representation: An attorney can help you gather evidence, negotiate with insurers, and pursue fair compensation, especially when claims are disputed or denied.

The Role of Police Reports in Litigation

While police reports are valuable for insurance negotiations, their use in court is limited due to hearsay rules. Hearsay refers to statements made outside of court by someone who isn't testifying as a witness.

Because police officers typically don't witness accidents themselves, their reports often contain hearsay that cannot be admitted as evidence at trial. Instead, attorneys subpoena the officer who wrote the report to testify about their observations and the information they gathered.

This means that even without a police report document, your attorney can still call the responding officer as a witness. Additionally, other evidence, such as medical records, witness testimony, expert analysis, and physical evidence, often proves more persuasive in court than police reports.

How Long Do You Have to File a Claim in New York?

Time limits for filing claims and lawsuits vary:

• Insurance claims: You should report accidents to your insurer within 30 days for no-fault benefits, although your specific policy might have a set reporting timeline.
• Personal injury lawsuits: You generally have three years from the accident date to file a personal injury lawsuit in New York courts under the statute of limitations.
• Property damage lawsuits: You have three years to file lawsuits for property damage.
• Uninsured/underinsured motorist claims: You should report hit-and-run accidents within 24 hours and uninsured driver accidents within 30 days to your insurance company.

Acting quickly protects your rights and preserves evidence while memories remain fresh.

When Insurance Companies Deny or Delay Your Claim

Insurance companies exist to maximize profits, and they employ various tactics to minimize payouts:

• Questioning the accident's occurrence or your account of events
• Disputing whether the accident caused your injuries
• Claiming you share fault for the collision
• Arguing that your injuries aren't as severe as you claim
• Offering quick, lowball settlements before you understand the full extent of damages

Without a police report, these challenges intensify. Insurance adjusters may use the lack of official documentation to justify denials or inadequate offers.

If your claim is denied or you receive an unsatisfactory settlement offer, don't accept it immediately. Consult with an attorney who can evaluate your case objectively, gather additional evidence, and negotiate effectively on your behalf.

How Fellows Hymowitz Rice Can Help

At Fellows Hymowitz Rice, we have decades of experience helping accident victims pursue compensation, even when police reports are unavailable. Our attorneys understand the challenges you face and know how to build strong cases using alternative evidence. Call us or visit our office to discuss your case with our experienced legal team.