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No Police Report After an Albany Car Accident?

No Police Report After an Albany Crash?  

Here’s How to Fight for Your Rights 

Car accidents are stressful. At Horn Wright, LLP, our experienced personal injury attorneys know how overwhelming it can feel when you're suddenly dealing with insurance claims and medical bills. One second, you're driving down the road. The next, you're dealing with a mess—damaged cars, insurance headaches, and maybe even injuries. 

And if you didn’t get a police report? That can feel like a major problem. But don’t panic—you still have options. Speaking with an injury lawyer at Horn Wright, LLP, one of the best law firms in America is the best first step y

ou can take. Let’s break it down. 

Close-up of a report

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Can You Even Prove Fault Without a Police Report? Absolutely. 

You might think a police report is the only way to prove what happened, but personal injury attorneys often build strong cases without one. It’s not. Plenty of solid evidence can back up your claim and help you get the compensation you deserve. 

Dashcams and Security Footage as Silent Witnesses 

Cameras are everywhere—on cars, buildings, and even traffic lights. That footage can be your best friend when proving fault. A dashcam recording can capture the exact moment of impact. A nearby business’s security camera might have caught the other driver running a red light. 

Say you're driving down Central Avenue, and another car sideswipes you while merging. If your dashcam records it, that’s powerful evidence. Even if you don’t have footage, it’s worth checking with nearby businesses—New York law allows security footage to be subpoenaed in legal cases. 

Understanding Comparative Negligence Laws in New York 

New York follows a comparative negligence system. That means even if you were partly at fault, you can still get compensation. But here’s the catch—your payout gets reduced by your percentage of fault. 

Let’s say you’re found to be 20% responsible, and your damages total $10,000. You’d still walk away with $8,000. That’s why it’s crucial to gather strong evidence. Insurance companies love to push more blame on you to pay out less. But don’t let them get away with it. 

When Albany PD Refuses to File a Report—Here’s Your Next Move 

Maybe the police didn’t show up. Personal injury attorneys have seen this happen often, and they know exactly how to help. Maybe they came but refused to file a report. Either way, that doesn’t mean your case is dead. You can still take action. 

Why a Refusal Doesn’t Mean the Case Is Closed 

Police might not file a report if they think the accident is too minor or there aren’t obvious injuries. But that doesn’t mean you’re out of luck. You’re still allowed to file an insurance claim or even take legal action. In New York , if damages exceed $1,000, you’re legally required to report the accident to the DMV within 10 days. 

Filing an Independent Accident Statement 

If the police won’t do it, you should. Write down everything while it’s fresh in your mind: 

  • Date, time, and location – Were you near Empire State Plaza? Heading down Washington Avenue? Jot it all down. 
  • Weather and road conditions – Ice patches? Potholes? Albany roads in winter can be brutal. 
  • Vehicle descriptions – Make, model, color, license plate—get every detail. 
  • What happened, step by step – Traffic signals, lane changes, who hit who—paint a clear picture. 
  • Witness info – If anyone saw what happened, get their contact details. Witnesses can make or break your claim. 

No Report? No Problem—Alternative Evidence That Can Save Your Case 

No police report? No sweat. There are other ways to prove what happened. 

Using Medical Documentation to Establish a Timeline 

Even if you feel fine right after the crash, see a doctor. Injuries like whiplash and concussions don’t always show up immediately. Getting checked out does two things—it protects your health and creates a medical paper trail linking the accident to your injuries. 

If you visit Albany Medical Center or another urgent care clinic the same day, that’s solid proof the accident caused your injuries. Insurance companies can’t argue with medical records. 

How Vehicle Damage Assessments Prove Impact Severity 

Your car’s damage tells a story. A mechanic’s report can show how hard you were hit and from what angle. If your bumper is crushed, it backs up your claim that the other driver rear-ended you. 

Some modern cars even have Event Data Recorders (EDRs), which track things like speed, braking, and impact force. If your case gets complicated, an accident reconstruction expert can analyze your car’s damage to prove what really happened. 

Why Insurance Companies Love It When You Skip Calling the Cops 

If there’s no police report, insurers have more wiggle room to deny your claim. Don’t let them take advantage of you. 

Common Tactics Insurers Use Against You 

Without a report, insurance companies might: 

  • Doubt the accident even happened – If there’s no official record, they might say you’re making it up. 
  • Downplay your injuries – They’ll argue if you were really hurt, you’d have called the cops. 
  • Blame you – Without a report to back you up, they’ll say it was your fault. 

How to Fight Back When They Say There’s "Not Enough Evidence" 

If an adjuster tries to lowball or deny your claim, hit them with: 

  • Photos and videosTake pictures of everything—the cars, the road, the injuries. 
  • Witness statements – If someone saw it happen, their testimony is golden. 
  • Expert opinions – A crash expert can analyze damage reports to prove what happened. 

The stronger your evidence, the harder it is for insurers to play games with your claim. 

No Police Report? No Problem—Take Back Control Now 

A missing police report doesn’t mean you’re out of options. There are plenty of ways to prove what happened and fight for the compensation you deserve. Stay proactive, document everything, and don’t let insurance companies push you around.  

Horn Wright, LLP, can guide you every step of the way. If you’re feeling overwhelmed, legal help is always an option—you're not alone in this fight. Contact our Albany law offices today for a FREE consultation. 

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