
No Police Report After a Crash in Binghamton? That Could Cost You—Unless You Do This
Car accidents are stressful enough. But when there's no police report? That can make things even worse. No official record means the insurance company might question what really happened. It could even hurt your chances of getting the compensation you deserve.
But don’t panic—you still have options. You can prove what happened and protect yourself, even if the cops never filed a report. The Binghamton personal injury attorneys at Horn Wright, LLP, can help guide you through the process. Here’s how.
How to Prove Liability When There’s No Official Record
Without a police report, proving who was at fault might seem like an uphill battle. But don’t worry, you can still gather strong evidence to back up your claim. You just need to know what to look for and how to use it.
Understanding Negligence and Burden of Proof
In any car accident case, the key question is: who was negligent? In other words, who messed up and caused the crash? Without a police report, you’ve got to prove it yourself. That means showing:
- The Other Driver Had a Duty to Drive Safely – Every driver on Binghamton roads, from Vestal Parkway to Front Street, is legally responsible for following traffic laws and keeping others safe.
- They Failed That Duty – Maybe they ran a red light, sped through a stop sign, or were glued to their phone instead of the road.
- That Failure Led to Your Crash – If they rear-ended you at an intersection or swerved into your lane on the highway, their negligence directly caused the accident.
- You Suffered Real Damages – Medical bills, car repairs, lost wages—if the accident cost you, financially or physically, that’s part of proving your claim.
Since the burden of proof is on you, the more evidence you have, the better. Our personal injury lawyers can help you gather and present that evidence. Here’s where to start.
Ways to Gather Accident Scene Evidence on Your Own
If you don’t have a police report, you need to build your own case. That starts with collecting as much proof as possible, as soon as possible.
- Take Photos and Videos – Take pictures of everything: vehicle damage, tire marks, broken glass, and the surrounding area. If there’s a traffic light, a stop sign, or poor road conditions (like ice on Court Street), document that too.
- Talk to Witnesses – Did someone see what happened? Get their contact info and ask if they’d be willing to give a statement. Witness testimony can be powerful.
- Write Down What You Remember – Don’t rely on memory alone. As soon as you can, jot down every detail—what you saw, what you heard, and how the accident happened. The fresher your notes, the better.
A solid set of evidence can go a long way in proving liability, even without a police report backing you up.
Binghamton Officers Didn’t File a Report—Are You Out of Luck?
So, you called the cops, but they didn’t file a report? That’s frustrating, but it doesn’t mean you’re out of options.
How to Get a Copy of 911 Call Records
If you dialed 911, that call is on record. And guess what? You can request a copy. Here’s how:
- Figure Out Who Took Your Call – In Binghamton, the Broome County Emergency Communications Center handles 911 dispatch.
- Request the Call Record – New York’s Freedom of Information Law (FOIL) allows you to request public records, including 911 transcripts.
- Provide Key Details – Give them the date, time, and location of your crash so they can find the right call.
A 911 call record won’t be as detailed as a police report, but it can still prove that you reported the accident right away.
Filing an Incident Report with the DMV
New York law requires you to file a report with the DMV if there was an injury, a death, or property damage over $1,000. No police report? No problem. You can file one yourself.
- Download Form MV-104 – This is the DMV’s accident report form.
- Fill It Out Accurately – List all the details: who was involved, where it happened, what damage occurred.
- Submit It Within 10 Days – If you miss this deadline, you could face fines or even a license suspension.
This report creates an official record of the accident, which can help your case later. Personal injury lawyers can use it to strengthen your claim.
Insurance Companies Don’t Care About Excuses—Use These Forms of Proof
Insurance adjusters don’t care why there’s no police report. All they care about is proof. Here’s what you can use instead.
When Medical Records Tell the Full Story
If you were hurt in the accident, your medical records can prove it. Make sure to:
- Get Checked Out Immediately – Even if you feel okay, injuries like whiplash or concussions can show up later. A visit to Lourdes Hospital or UHS Binghamton General creates a medical record that links your injuries to the crash.
- Keep Copies of Everything – X-rays, doctor’s notes, prescriptions—all of it matters.
- Follow Up on Treatment – If you need physical therapy or additional care, make sure to document it.
The Impact of Property Damage Reports
Your car’s damage can also serve as evidence. Here’s how to use it:
- Get a Professional Inspection – A damage report from a Binghamton body shop like Maaco or Gary’s U-Pull-It can help prove how the accident happened.
- Compare Damage with Your Story – If you say you got rear-ended and your bumper is smashed in, that’s strong supporting evidence.
- Use the Insurance Adjuster’s Report – If your insurance company inspects the damage, get a copy of their findings.
What to Do If You Never Called the Cops After Your Binghamton Accident
Didn’t call the police at all? It’s not ideal, but you still have options.
Steps to Take Before Dealing with the Insurance Adjuster
Insurance companies love to twist your words. Before talking to them:
- Gather All Your Evidence – Photos, medical records, witness statements—the more proof, the better.
- Watch What You Say – Even a simple “I didn’t see the other car” can be used against you.
- Consider Legal Help – If the insurance company is lowballing you or denying your claim, talking to personal injury lawyers might be your best move.
A missing police report doesn’t have to ruin your case. If you take the right steps, you can still prove what happened and fight for the compensation you deserve. If you're looking for top-tier legal representation, you might want to hire one of the best law firms in America.
Contact our Binghamton law office for a FREE consultation.

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