NY Car Accident Report

Nycxazn11 · #1 10-15-2006, 10:50 AM

What is the name of your state? New York

I was in a car accident about a week ago. The police came and asked what happened. I said about 2 lines and he walked away to his car. About 30 minutes later, he tells me I can pick up my police report in a few days. I told him I didn't even finish with my police report, he says I did but all i said was 2 lines and he walked away. So a few days later, I pick up the report. I totally disagree with it, what can I do? Can I go back to the police station and have them write a new report? The report is stating I'm wrong, pointing the finger at me for the accident. It says I struck her vehicle while I was making a left turn, but it was her that hit my vehicle while I was making a left turn. I even have pictures to prove it. She was going at least 50mph on local traffic, the whole front of her car is pushed in because of the impact. I received a letter from her lawyer today, it says she wants to pursue a claim for personal injuries from the accident. What can I do and What should I do? Can I have the police write a new report? Can she use the police report against me even though I totally disagree with it? What's my next step?

JETX · #2 10-15-2006, 11:13 AM

Go to the police agency and ask them to file a supplemental to the report.

moburkes · #3 10-15-2006, 11:43 AM

And, by the way, when you are making a left turn, you are required to yield to oncoming traffic. Regardless of the other party's speed, the person going straight has the right of way.

The police report is not the determining factor in the insurance company's investigation, by the way. How do you know how fast she was going? If you knew that she was going 50 MPH, then why did you turn in front of her?

ecmst12 · #4 10-15-2006, 09:07 PM

Report the accident to your insurance company and see what they say.

Nycxazn11 · #5 10-16-2006, 10:25 AM

Quote:

Originally Posted by moburkes

And, by the way, when you are making a left turn, you are required to yield to oncoming traffic. Regardless of the other party's speed, the person going straight has the right of way.

The police report is not the determining factor in the insurance company's investigation, by the way. How do you know how fast she was going? If you knew that she was going 50 MPH, then why did you turn in front of her?

I'm making a left turn, I see a car wanting to make a left turn on the opposite direction. I seen her car down the block, I had enough time to make a left turn. As I'm making my turn, I go out slowly to make sure there's no car on the inside lane. I see nothing so I turn but as I'm turning I see a car cut into the inside lane from the outside lane and she hits me. The report states I hit her which is the other way around. I didnt know she was going 50mph, I wasnt trying to beat her. When I was making the turn, you can tell how fast she was going. She didnt even attempt to brake, because of the impact her whole front was pushed in and my side airbags came out. Therefore, you know she was going fast on Local Streets.

You Are Guilty · #6 10-16-2006, 11:36 AM

Quote:

Originally Posted by Nycxazn11

I'm making a left turn, I see a car wanting to make a left turn on the opposite direction. I seen her car down the block, I had enough time to make a left turn. As I'm making my turn, I go out slowly to make sure there's no car on the inside lane. I see nothing so I turn but as I'm turning I see a car cut into the inside lane from the outside lane and she hits me. The report states I hit her which is the other way around. I didnt know she was going 50mph, I wasnt trying to beat her. When I was making the turn, you can tell how fast she was going. She didnt even attempt to brake, because of the impact her whole front was pushed in and my side airbags came out. Therefore, you know she was going fast on Local Streets.

While the police may permit you to add your own witness statement to the official report (presumably the MV104A), from what you've posted here, you're the one at fault. The alleged breaking of the speed limit by the other car is irrelevant to determining your fault and in fact, may hurt your defense, since you clearly failed to appreciate how fast they were traveling when "they hit you".

Quote:

Originally Posted by NY VTL § 1141

Vehicle turning left.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.