gerard2006
Member
- Jurisdiction
- New York
In an auto accident, is the NYPD officer or NYS state police patrol required to see footage presented by one or 2 parties before making a decision or can he refuse to? Thanks
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NYS/NYC - Dash cam footage
- Thread Starter gerard2006
- Start date
army judge
Super Moderator
A law enforcement officer doesn't adjudicate a traffic citation, or any attendant court cases(s).
The traffic citation and/or the apportionment of fault (if required) is addressed by a magistrate, Justice of the peace, or trial court judge.
Why?
Because the law enforcement officer/agent isn't usually a witness to the vehicle collision, unlike the involved drivers, passengers, or those persons nearby who might have observed the incident.
If you possess recorded video of the incident, it might buttress your testimony in court.
gerard2006
Member
In typical accidents, it's one person vs another person's view point. Before we get to court, would my insurance company typically welcome and view the footage presented and then perhaps share it with the other person's insurance company so they can settle before it gets to anywhere near a court? I know this isn't a legal question anymore but hoping you can advise
adjusterjack
Super Moderator
A dash cam is your extra insurance policy. You can ask the officer to review it at the scene but he has no obligation to do so and probably doesn't have the time. I have read of some situations where an officer has viewed the video and issued a citation based on it.
Where it really counts is with your insurance claim.
The video can and should be provided to the claims adjuster, either the other driver's adjuster or your own, depending on where you are making the claim.
Keep in mind that it's not your insurance company's job or obligation to "go after" the other driver's insurance unless your insurance first pays for your damage and then subrogates.
People don't seem to understand that.
If you don't want to use your collision coverage then you are on your own pursuing the other driver's insurance. So, yes, you do provide a copy of the video to the other driver's insurance as quickly as possible.
If you use your collision coverage you, of course, provide the video to your adjuster so you don't get surcharged for an at-fault accident (assuming the video shows the other driver clearly at fault).
Where it really counts is with your insurance claim.
The video can and should be provided to the claims adjuster, either the other driver's adjuster or your own, depending on where you are making the claim.
Keep in mind that it's not your insurance company's job or obligation to "go after" the other driver's insurance unless your insurance first pays for your damage and then subrogates.
People don't seem to understand that.
If you don't want to use your collision coverage then you are on your own pursuing the other driver's insurance. So, yes, you do provide a copy of the video to the other driver's insurance as quickly as possible.
If you use your collision coverage you, of course, provide the video to your adjuster so you don't get surcharged for an at-fault accident (assuming the video shows the other driver clearly at fault).
zddoodah
Well-Known Member
A decision about what?
I assume you're talking about a dashcam video or something of that ilk. Regardless, both parties' insurers will want to see all available evidence before making claims decisions.
gerard2006
Member
Thanks for all responses so far. Can I pursue other party's insurance first and if unsuccessful for whatever reason, get in touch with my insurance for damages?
army judge
Super Moderator
You have a contractual obligation to report the accident to your insurer.
Unlike other states, your state (NY) is considered a "no fault" STATE.
[CLARIFICATION ADDDED:]
If you're in a car accident in New York, and any person incurred more than $1,000 in property damage as a result of the crash, all drivers must file a Report of Motor Vehicle Accident form with the DMV no more than 10 days after the accident. Failure to do so can result in suspension of your driver's license.
Read on to get a better understanding of "no fault" as applied in the Empire State.
Failure to report the collision to your insurer could end up being very troublesome for you.
In addition to your insurer,
New York Car Accident Laws
New York's deadlines for filing car accident lawsuits, the state's rules on shared fault for a crash, and NY drivers' legal duties to report a car accident.
After a traffic accident in New York, it's a good idea to get familiar with the different state laws that might come into play, including:
how New York's no-fault car insurance system can determine your options after a car accident
the deadlines for filing a car accident lawsuit in New York's civil court system (if you're able to step outside the no-fault system), and when you need to report
a car accident in New York.
The comparative fault rule in New York applies even if you are found to be more responsible for the accident than the other driver. For instance, if the jury decides you are 90 percent at fault, you are still technically entitled to 10 percent of your total damages, but of course the other side of the coin is that you'll be on the hook for 90 percent of the other driver's damages.
(Not all states treat comparative fault this way. Most follow a "modified" comparative fault rule that only allows the plaintiff to receive damages if his or her fault was 50 percent or less. Once the plaintiff's fault exceeds 50 percent, the damages award drops to zero in most of these states.)
Will the New York Comparative Fault Rule Affect My Car Insurance Claim?
The rule binds New York judges and juries (if your car accident case makes it to court), and a car insurance claims adjuster will have the rule in mind when handling your claim. After all, the adjuster makes decisions based on what's likely to happen in court. But don't let that prevent you from pursuing an auto accident settlement or lawsuit. Instead, talk to an attorney about your situation and your best course of action.Reporting a Car Accident in New York
If you're in a car accident in New York, and any person incurred more than $1,000 in property damage as a result of the crash, all drivers must file a Report of Motor Vehicle Accident form with the DMV no more than 10 days after the accident. Failure to do so can result in suspension of your driver's license.If anyone was injured or killed in the crash, you must immediately notify the police, and an accident report must be filed with the DMV. It's a crime to leave the scene of a car accident that causes personal injury or death without taking legally-required steps like this.
What Kind of Car Insurance Do I Need In New York?
As we've discussed, New York is a no-fault car insurance state, but that's not all vehicle owners need to know about insurance requirements, especially after a car accident.Get the details on New York car insurance rules and requirements.
What Next?
If you're looking for legal advice that's tailored to your situation, talk to a car accident attorney in your area. You can also learn more about making a car accident claim and what to expect from the process:
Steps to Take After a Car Accident
Car Accident Evidence to Gather
How Insurance Affects a Car Accident Case
Your Car Repair Options After an Accident
Starting a Car Accident Injury Claim
Will My Car Accident Claim End In a Settlement?
Is There a Car Accident Settlement Formula?
Should You Represent Yourself In Your Car Accident Case?
What to Expect When Meeting With a Car Accident Attorney
Car Accident Claim Tool
Have you been in a car accident?
Take our free car accident quiz:
Are You Entitled to Compensation for Your Car Accident?
to find out if you're likely to get a settlement.
New York Car Accident Laws
Learn how much time you have to make a car accident claim in New York, how fault for an accident is determined in NY, & when you need to report the accident.
www.nolo.com
zddoodah
Well-Known Member
You need to put your insurer on notice of what happened. Your policy requires that you do so.
If you believe the other driver was at-fault, you can and should make a claim against his/her insurance.
Note that I believe NY is a no-fault insurance state. I'm not familiar with that, so I don't know if or how that might impact things.
gerard2006
Member
Understood. One last question I promise. Does anybody know if in NYS, if the other driver who was at fault has a dash cam, can the police who arrive force him to produce the SDCARD for footage or it's really his choice? If the police don't, I'm sure he can simply make an excuse that he had left his sd card at home the day he was driving or something like that
No, they can't force him to give up his SD card or even allow the police to view the video. To compel the driver to disclose the video would take a discovery motion in a court of law. That doesn't mean that the police can't get the video from one of the insurance companies. But the police, at that point, wouldn't care who is at fault.
If you are so sure that the other driver was at-fault, what are you so worried about.,
army judge
Super Moderator
New York State is unique in the sense that it is one of 12 no fault states.
Forget fault, you're in New York, one of dozen "no fault" states.
What Is a No-Fault State?
So, if you live in a no-fault state and you're rear ended by someone talking on their phone, you will still need to file a claim with your insurance company if you or your passengers are hurt. That's why if you live in a no-fault state, it's very important that you purchase personal injury protection (PIP insurance), also known as no-fault insurance, to cover these expenses. Even if you don't live in a no-fault state, your state may still allow you to get PIP for extra coverage.
No-Fault Insurance States
For help understanding what's required in your area, call our representatives at 888-413-8970.
Find out if your state requires you to have PIP coverage. States that require no-fault insurance coverage include:
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Utah
And finally, some at-fault states require that you carry personal injury protection coverage. An at-fault state is also known as a tort state and they have fewer restrictions on lawsuits than no-fault insurance states. Drivers in these at-fault states have the option to buy no-fault insurance:
Who Pays in a No-Fault State?
In states with a no-fault law, these insurance laws say that after a car accident, each driver must file a claim with their own insurance company no matter who is at fault. If PIP coverage is available in your state, it can help you and your passengers pay for:- Medical bills
- Health insurance deductibles
- Lost wages
- Essential costs, like childcare
- Funeral expenses
gerard2006
Member
Got it. It almost seems a dash cam isn't that beneficial in NYS
I don't know where you come to that conclusion from this thread. You keep asking about the police and their finding who is at fault from watching the dashcam video. Police don't usually care about who is at fault. The insurance companies care about fault, prosecutors care about fault if someone dies in an accident, courts care about fault when someone brings a lawsuit for damages. So, dashcam video can make or break a case in the correct forum.
Redemptionman
Well-Known Member
also to what has been stated the police report and their determination of fault is not admissible. The pictures taken at the scene and witness statements are. Also, getting the black box data which was recording at the time of the accident is very beneficial in these cases.
gerard2006
Member
Understood. I'm just trying to analyze the various components of what goes on during an accident and seems dash cam video would be respected and taken into account by some of the parties involved. This may sound like a stupid question but from TV/Movies, I've seen collection of the video has to be done in a very specific manner to be admissible in a court. Is that true or can I simply take the SD-card and put it away in a safe place and hand it over to whoever asks?
Redemptionman
Well-Known Member
Has to be a chain of custody- a licensed investigator or someone with credentials would be the one to pull and analyze the footage and data. These companies who handle this type of investigative work usually have former police officers and detectives on staff with admissible credentials. Are you working with an attorney? usually they are the ones to get this data.
Zigner
Well-Known Member
C'mon - we're talking about a simple auto accident here.
zddoodah
Well-Known Member
Are we dealing with a real situation, or is this thread just a bunch of hypotheticals with shifting facts?
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