Content reviewed by:
Alex Shulman
A police report is one important piece of evidence used to assign fault in a car accident case. However, the police report itself does not determine who was at fault. A police officer does not have that legal authority. Only a court may officially decide who was at fault.
Insurance companies use police reports to assign fault for the purposes of addressing a claim. Attorneys use police reports to contest insurance company decisions. These actions play a role in how a case will play out, but they do not legally deem anyone at fault.
If you have been in a car crash, it’s wise to consult with a car accident lawyer in New York City. Our team has recovered more than $1 billion for New Yorkers injured in accidents. Every Borough, Every Block, New York, We Got You. Call now for your free consultation.
What Is a Police Accident Report in New York?
A police report is an official document produced by a law enforcement officer when they respond to a motor vehicle accident.
It usually includes details observed by the officer, such as:
- Date
- Time of day
- Weather
- Location of the accident
- Parties involved
- Witness statements
- Road conditions
- Description of how it seems the crash occurred
In New York, this report is often referred to as an MV–104A. It serves as an important record for insurance claims, legal proceedings, and personal documentation after a car accident.
Does a Police Report Say Who Is at Fault?
While the responding officer will include observations and possibly an opinion about how the crash occurred, fault is ultimately decided by the insurance companies and the court of law. The officer’s conclusions are based on initial evidence, which may not tell the full story.
This means that while a police report can be helpful in understanding how the accident happened, it is not binding. Additional evidence, such as photographs, expert analysis, and witness testimony, carries significant weight in determining liability.
Can a Police Report Be Used in Court?
A police report can be used in court in a limited role in New York because it contains statements made outside of the courtroom, which is generally considered hearsay.
Generally, only the officer’s direct factual observations are admissible as a business record, while their conclusions regarding fault are often excluded.
Statements from witnesses or drivers within the report may not be admitted unless those individuals testify. Attorneys may use a police report to refresh a witness’s memory or guide questioning. So, while a report may not be primary evidence, it does play a role in a civil lawsuit.
How Do Insurance Companies Use Police Reports?
Insurance companies consider a police report a strong piece of evidence when assessing claims after a car accident. Adjusters review the report to understand the circumstances of the crash. They also conduct their own investigation, but the accident report can offer guidance.
Insurers might compare the information in the police report to other evidence to make coverage decisions and respond to claims from other drivers. A detailed police report can streamline the process.
What Happens if the Police Report Is Wrong?
If you believe the police report is incorrect, it is important to address it as soon as possible. You can contact the police department that issued the report with your concerns and provide evidence to support your claim.
In some cases, the officer may amend the report or add a supplemental statement. However, even if the errors are not corrected, you or your attorney can still challenge the accuracy of the report when contesting an insurance claim or in the courtroom.
How Can You Get a Copy of a Police Report in New York?
There are several ways to get a police report in New York. If a local police department filed it, you can request it directly from that agency, typically by mail, online, or in person.
For accidents investigated by the state police, reports are available through the New York State Department of Motor Vehicles website.
To get a report, you will need information such as the date and location of the accident and the names of the people involved. Reports are usually available a few days after the accident has been processed.
Get Legal Help After a Car Accident
If you are wondering how a police report affects fault in a car accident case, you may have recently sustained injuries in an accident. New York’s comparative negligence laws state that you can recover compensation even if you were partially at fault, though at a reduced percentage.
We can review your case and determine if you have a claim against one or more other drivers. If so, we can help you pursue maximum compensation for your damages.
At Shulman & Hill, we’ve served more than 26,000 clients, many of whom were injured in an accident due to no fault of their own. Call today for your free consultation and tell us about your car accident case.