How Do I Get a Copy of the Police Report After My Accident on Long Island?
After a Long Island car accident, you can obtain a copy of the accident report – if it exists – from the New York Department of Motor Vehicles (NYDMV). You may also obtain a copy from the local police department if the municipality makes those available.
The attorneys at Gacovino, Lake & Associates, P.C. can help you obtain a copy of the police report about your accident as well as advise you on how to pursue a claim for damages from the responsible party. Call us today at 631-600-0000.
Understanding Long Island Police Report and Accident Reports
In New York, all parties involved in an accident must file a police report if they cause $1,000 or more in property damage. In that case, however, the statutes do not require the police to file a statement.
If any person sustained injuries or died in a car accident, however, both the surviving party(ies) and the police must file an accident report immediately, at the scene of the crash.
Consequently, whenever you seek a copy of the official law enforcement account for a Long Island car accident, you will only find one if the accident involved an injury or fatality.
When Are Long Island Car Accident Reports Available?
The availability of a car accident report depends on when the reporting party filed their statement. It also depends on the Long Island law enforcement agency with which they made the report, as well as how you make your request.
For example, if you request an accident report copy from the NYDMV, its website advises waiting for 30 days after the date of the accident if the reporting party filed the report on a paper form. If they reported using the electronic option to file, you might find it posted as soon as 14 days after the date of the accident.
If you want to request a report from the Nassau County Police Department, its website will direct you to the LexisNexis legal document database. You must set up an account before you can search and request report copies.
If you wish to order from the Suffolk County Sherriff’s Office, its site will direct you to an online crash document database that claims to make report copies available within 72 hours after the accident occurred.
How Much Does It Cost to Get a Car Accident Report Copy?
The cost for getting a police report copy from the NYDMV depends on whether you must pay a search fee. For every search you perform using an accident report number, license plate number, or driver’s license number, the site charges you a $7 search fee. You must also pay $15 for each report copy you order.
If, however, you can locate the report you want using only the county location and date of the incident, you may avoid paying the search fee.
If you request a report copy in writing from the NYDMV, you must pay $10 for each report and $15 for each report copy you request.
The cost for obtaining a report from Nassau County depends on where the reporting party filed the report. Obtaining a report copy from Suffolk County will cost $5.
What Is the Easiest Way to Get a Long Island Car Accident Report?
In addition to NYDMV, Suffolk County, and Nassau County, the police may have filed their statement with one of the many (almost 30) village police departments on Long Island.
You may struggle to find a copy of the report you seek, especially if you do not have the details or if you are not sure how to search a legal forms or reports database.
Alternatively, you may need to obtain a copy sooner than the long waiting periods some agencies require to make the reports available.
In that case, consider contacting a car accident lawyer. Attorneys have access to the various databases and know how to obtain a copy of virtually any report you need, quickly and easily.
Let a Car Accident Lawyer Help You Obtain a Report
The car accident lawyers of Gacovino, Lake & Associates, P.C. can assist you with this or any other aspect of pursuing a personal injury claim for a car accident. Call us today at 631-600-0000 to schedule your free claim review.
How Does a Car Accident Settlement Work?
A car accident settlement guarantees you a payout; however, it also takes away your ability to recover any more compensation for the accident in question. Most drivers do not know exactly how a car accident settlement works, especially in New York because the state follows a no-fault car insurance law. This can make the process too complex for the average person to handle, especially when they are recovering from serious injuries and attempting to get their life back on track.
What Can I Recover in a New York Car Accident Settlement?
What you recover in a settlement depends on who issues your settlement. After a New York accident, you must first file with your own insurer to recover compensation.
Settlement from Your Own Insurer
If you receive a settlement from your personal injury protection (PIP) policy, you will receive up to $50,000 for any of the following:
- Healthcare bills
- 80 percent of lost wages
- Family expenses
- Childcare
- Household expenses
- Vehicle repair or replacement
- Rental car costs
- Funeral and burial costs, if your loved one died in the accident
Settlement from the Other Driver’s Insurer
If you suffered a serious injury (e.g., disfigurement, fracture, death, dismemberment, miscarriage, permanent loss or limitation of use of body part or system, or an injury that limits your ability to do your daily activities for at least 90 of the first 180 days following the crash) in the accident, you can file a claim against the driver who caused it.
You can recover compensation for all the damages above, as well as noneconomic damages such as pain and suffering and mental anguish.
What Can I Expect from the New York Settlement Process?
If you are only filing a claim with your own insurer, you will submit your medical records and work records to establish your entitlement to damages. The insurer will investigate the accident and then issue you a settlement for your injury costs.
If you are filing a claim against another driver’s insurer, you will need to prove the other driver caused your accident. This involves proving the other driver behaved negligently.
Unfortunately, neither the either driver’s insurer nor your own insurer will likely be willing to give you all the compensation you ask for. These insurance companies are businesses and will do what they can to protect their bottom line. This means you will likely receive a very low settlement offer at the beginning of the process. A car accident lawyer will negotiate for a fair settlement that covers all your losses and expenses.
Once you and your lawyer agree to a settlement that covers your losses, the insurer will issue your settlement check. It might take a few weeks for your lawyer to receive the settlement check.
What If We Cannot Agree to a Settlement?
If your or the other driver’s insurer refuses to offer you a fair settlement, we might advise filing a lawsuit and taking your case to court. In many cases, filing a lawsuit will prompt the insurer to offer you a proper settlement that covers all your needs.
How Long Do I Have to File a Claim in New York?
Under New York law, you have three years to settle your claim or to file a lawsuit. If you do not settle or file suit within this time, you might be unable to recover any compensation.
Getting a lawyer involved as soon as possible will help to ensure you file everything on time and protect your right to compensation.
Get Help from the Car Accident Team at Gacovino, Lake & Associates, P.C.
Personal injury laws and settlements are complex. And proving your case is difficult. Gacovino, Lake & Associates, P.C. has nearly 25 years of personal injury experience and has collected hundreds of millions of dollars in that time. Call us now at 631-600-0000 to schedule a free consultation and learn more about how we can help.
How Does a Class Action Lawsuit Work?
Class actions allow the court to hear a single case or handle only a handful of cases, and apply the outcome to all members of a much larger group. Class actions work by defining the characteristics of the members of the group, or class, and ensuring the cases selected to go before the judge are representative of the other members’ stories.
Identifying a potential class action lawsuit is only the first step in a complex process. You will need a knowledgeable attorney familiar with class actions who has the resources to handle this type of case.
What Is the Idea Behind a Class Action Lawsuit?
Lawsuits can be expensive. And if you are one of many filing a lawsuit against the same company, you might be unable to recover the compensation you deserve. A class action lawsuit simplifies the process by consolidating the dozens or thousands of cases into one or a few.
This means the legal teams involved share resources and only need to go through the pre-trial, discovery, and trial processes once, instead of each plaintiff clogging the legal system with his own suit. This can make the process quicker for everyone involved.
And, because class actions divide the settlement equally between all the class members, if the action is successful, you are guaranteed to recover something. What you recover depends on the severity of the injuries you suffered and the number of people in your class. You might recover something as small as a coupon for free services or as substantial as thousands of dollars for your harms.
How Does a Class Action Work?
Each class action proceeds in the same way.
Filing the Action
When we file a complaint, we can ask the judge to certify it as a class action. In our class action lawsuit complaint, we need to explain why we believe this matter qualifies as a class action and outline the criteria for qualifying as a member of the class.
Class Certification
Just because we ask for a class action does not mean the judge will grant it. We need the judge to certify the class to make it official.
Determining the Venue
Class action lawsuits proceed at either the state or federal level. Depending on the specifics of the case, some need to be heard in a federal court while others are fine in a state court. The judge who certifies the class may transfer a case from state to federal court, if necessary. This change of venue means the hearings will occur in another location, in front of a different judge.
Informing the Class Members
One of the most complex tasks in some class action suits is the notification of all potential class members. There is not always a mailing list available, such as the case when the class members all used the same defective product. When this occurs, we often use television and print advertising to notify class members. Sometimes, this occurs early in the lawsuit, but it may also occur once the case concludes in court.
Once the potential class members receive notification, they can opt in or opt out of any possible settlement. Unless they opt out, they cannot pursue individual action against the defendant. They will instead receive compensation only if the plaintiffs win the class action lawsuit.
Court Proceedings
The first step in the court proceedings is a period of discovery. During this phase, each of the parties collects evidence and shares it with the other party. Often, the defense will offer a settlement during this period. It may discover evidence, recognize the strength of the plaintiffs’ case, or simply not want to spend the money on a trial.
In a class action, the class representative can negotiate on behalf of the class members, but the judge must approve any offer before it becomes official. It there is a settlement agreement approved by the judge, usually he establishes a fund to pay class members. If there is no settlement agreement during this period or during pretrial proceedings, the case goes to trial.
Applying the Outcome
No matter the outcome of a class action lawsuit, it applies to the entire class. If the defendant convinces the court of its innocence, the court could dismiss the suit. This means no one who opted in will receive compensation or be able to pursue an individual claim.
If the court agrees with the plaintiffs, the judge must also award damages. The judge either creates a fund to pay victims from or determines an amount paid to each victim. Only those who opted in receive compensation. Those who opted out will need to pursue an individual lawsuit to collect money for their damages.
Should I Call a Class Action Lawsuit Attorney About My Case?
Handling a class action lawsuit requires special training and skills. It is important you have a knowledgeable attorney on your side through this process. Call Gacovino, Lake & Associates, P.C. today at 631-600-0000 to get started on your case.
