Levine & Slavit | February 10, 2026

Car accident victims may be able to pursue compensation by filing a personal injury claim against an at-fault party. Police accident reports play a crucial role in the claims process, as they offer insights into the road conditions, the location of the accident, and much more. But does a police report impact fault determination in New York?

The legal team at Levine & Slavit, PLLC, is here to answer that question. Learn how the fault determination process unfolds in New York accident claims and how the outcome can impact your case. 

Insurance Claim Investigations Focus on Multiple Pieces of Evidence

Determining who was at fault in a New York car accident requires various pieces of evidence. Attorneys representing injured motorists, cyclists, or pedestrians could gather a wide range of evidence, including:

  • Photos from the accident scene
  • Witness statements
  • Dashcam or nearby security camera footage

They may also look at the police report detailing the accident. This document outlines some key details about a crash, such as the road conditions, the involved drivers’ accounts of what happened, and property damage or injuries sustained. The report may also include the responding officer’s opinion of who or what caused the crash, though every case varies. 

Insurance Companies and Courts Determine Fault 

Few documents are as important in car accident cases as the police report. Fault determination in New York, however, typically comes down to insurance companies or the court. When a driver files a personal injury claim, an auto insurer will review the submitted evidence before deciding whether to approve or deny the claim. 

Since New York is a no-fault state, motorists will seek compensation from their own insurer. They may be able to file a third-party claim against an at-fault party if their insurance payout doesn’t fully cover their losses or they meet the state’s “serious injury” threshold. 

The courts also determine car accident liability. A judge or jury will review the submitted evidence and assign fault if the case leads to a trial. 

Although the police report may include an officer’s opinion on who’s at fault, a case’s final outcome could contradict that opinion. The information within the report is merely an initial observation. 

How Fault Determination Impacts a Potential Settlement

Say you collide with another vehicle at an intersection in New York. Witnesses say the other driver ran a red light before they hit you, but some also say that you were distracted and using your phone at the time of the crash. Who is at fault in this situation, and why does it matter?

Although New York follows a no-fault system, some individuals have grounds to sue. The state’s comparative negligence rule will dictate how much compensation they’re eligible to receive for their case. Plaintiffs may be in a position to pursue compensation as long as they don’t bear 100% of the fault. 

However, their overall compensation will be reduced by their percentage of fault. Using the example above, the court may find you 30% at fault due to distracted driving, while the other driver is 70% at fault. Your total damages will be reduced by 30%, per this rule. 

Discuss Your Case With a New York Personal Injury Lawyer 

Now that you know how a police report can impact fault determination in New York personal injury cases, you can approach your case with some clarity. Team up with an experienced injury attorney for legal assistance. The team at Levine & Slavit, PLLC has more than 50 years of experience representing car accident victims. 

Contact our firm if you’ve been hurt in an accident and are interested in filing a personal injury claim. Call (917) 451-6760 or submit our online request form to schedule a free consultation.