First responders who arrive at a scene of an accident typically have three primary objectives: to keep all parties safe, to treat anyone who suffered injuries, and to document the scene through a police report.
At its core, a Queens, NY car accident report establishes the occurrence of the incident, and this evidence is critical to securing compensation in a personal injury lawsuit.
An experienced attorney can help injury victims get their accident report in Queens, NY, and pursue a claim for damages against any negligent parties.
Do I Need to Report a Car Accident in Queens, NY?
The New York State Department of Motor Vehicles requires that under certain circumstances, parties to an accident must file an accident report (MV-104). A car accident report is necessary when the accident:
- Causes injury or death,
- Results in property damages over $1,000 and the owner is present, or
- Results in property damage of any amount, and the owner is not present.
Any driver involved in an accident resulting in the above must file an accident report within ten days from the day of the accident.
Further, if the accident resulted in property damage only, the parties must exchange their driver’s license, insurance, and registration information.
Moreover, if anyone is injured or killed, the driver must immediately notify the police and file an accident report.
How to Get Your Queens Accident Report
There are two primary ways to get an accident report in Queens, NY:
- Calling or visiting the local police district or precinct where the accident occurred or
- Requesting a copy through the DMV.
Retrieving Accident Reports Through Local Police
In some cases, police officers will report to the scene of an accident and provide the parties with an incident report. This serves as a receipt and can be used to retrieve an accident report at a Queens police station.
Generally, the police station keeps accident reports for 30 days following the accident, and it can take up to five business days to obtain the report.
If the requesting party does not have the receipt, they must provide the police station with the following:
- Their full legal name,
- Date of the incident,
- Time and place of the incident, and
- License plate number for at least one of the vehicles.
Sometimes, the report may be available through the New York Police Department’s online portal.
Retrieving Accident Reports Through the NY DMV
As noted above, Queens, NY, police stations hold accident reports for 30 days after the incident. After 30 days, the police station will forward the information to the Commissioner of Motor Vehicles.
The requester can obtain the report through the online portal or via mail.
Determining Fault Through Accident Report
Typically, accident reports include information regarding the following:
- Date, time, and location of the accident;
- Names and identifying information of the drivers, passengers, and witnesses;
- Insurance information;
- Explanation or diagram of the accident;
- Weather and road conditions when the accident occurred;
- List of any injuries or fatalities; and
- Descriptions of the vehicles.
According to the DMV, accident reports listed on a driver’s record do not indicate whether they were at fault, and the DMV does not try to determine fault.
However, information in an accident report is crucial to establishing responsibility and refuting claims of contributory negligence.
An attorney can help drivers retrieve accident reports, prepare a compelling case for compensation, address mistakes in accident reports, and refute contributory negligence claims.
The information provided on this page speaks in general terms. Of course, there are often exceptions that apply in certain situations. For a complete list of all exceptions, please consult the Consolidated Laws of New York.
Attorney Ted Naima is also happy to answer any questions you have about your injuries or ability to pursue a claim against the responsible party.
Contact a Lawyer to Discuss Your Queens Accident Report
Even after you obtain your Queens car accident report, you may still have questions about fault and whether you have a claim against the other driver.
At the Law Offices of Theodore A. Naima, we’re here to help. For more than 25 years, Ted Naima has offered accident victims compassionate, effective advice and counsel, helping them pursue fair compensation for what they’ve been through.
To learn more and to schedule a free consultation, call 516-980-3096 today. You can also reach us through our online contact form.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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