My son got hit from behind in amherst, new york and the police was called but the police was so nasty to my son told him to
get back in the car or they gonna arrest him when my son was trying to get the other drivers info so we can get in contact with his insurance company, i have called for the days the number trying to get the police report and the officer haven't did the report yet what im i to do.
4 attorney answers
Keep trying. You will get it. Be sure to put your carrier on notice. They may be able to get it too.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Sometimes the police reports take a few days to generate. But are you certain that the police officer made the effort to create a police report?
Even without the report, your son may still be able to make a claim. Was he able to get the other driver's information? Were there any security cameras on the outside of any stores or homes in the area?
If the accident resulted in either personal injury or property damage in excess of $1000 then the police officer should have made out a police accident report. If it is not done then you may make a complaint to a supervising officer who may be able to help.
The report has to be filed in Albany even if you miss getting it from the local precinct. In the meantime, if your son was injured get local personal injury counsel involved. You will need to file a request for No-Fault benefits and file a report of the accident with Albany as well as your carrier.
You can obtain police accident reports online through car fax as well as through a DMV search. You should also file an MV-104 form which should be done within 30 days of the accident which will be your son's version of how they accident actually occurred. This form can be pulled up online as well.
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