No Police Report? Here's How to Win Your Injury Case in Buffalo, NY 

Think You Can't Prove Liability Without a Police Report? Think Again 

Once there's an accident, you are bound to be overwhelmed. You may be convinced that in the absence of a police report, liability can never be proven. But not quite. In Buffalo, it's still possible to establish a robust personal injury claim without it. Horn Wright, LLP, and our team of personal injury attorneys can assist you in compiling the proper evidence to substantiate your claim. 

The Burden of Proof: What You Need to Show 

In every case of personal injury, you, the claimant, bear the responsibility of proof. You have to prove that: 

• Duty of Care: The other party was duty-bound to be safe. For instance, all drivers in Buffalo are bound to follow New York traffic rules, like stopping at red lights and giving way to pedestrians. 
• Breach of Duty: They did that duty wrongfully. Running the red light through the intersection on Elmwood and Forest Avenues, for example, would constitute a clear violation. 
• Causation: They caused your harm by failing that duty. A driver running this red light into your vehicle to cause a broken bone or a concussion would give rise to causation. 
• Damages: You incurred losses as a result. This might be medical bills from Erie County Medical Center, lost income if you were unable to work, or even long-term rehabilitation expenses. 

Even without a police report, you are able to prove these aspects with other evidence. Our Buffalo injury attorneys frequently employ other documentation to demonstrate fault when a police report does not exist. 

Why Buffalo Insurance Companies Love Missing Reports 

Insurance companies often rely on police reports to assess claims. Without one, they might argue there's insufficient evidence to support your case. They may: 

• Question the Accident's Occurrence: If there's no official record, they may claim the accident never happened or that you’re exaggerating the events. In 2023, New York state insurers denied over 15% of claims due to "lack of sufficient evidence." 
• Dispute Liability: Insurers could claim you were at fault without a neutral officer recording fault, particularly in cases with conflicting evidence. 
• Minimize Injuries: Without an immediate police report, they could claim your injuries were minor or not caused by the accident. For instance, whiplash symptoms may take days to appear, and it would be easy for insurers to dispute your claim. 

But don't lose hope. These tactics can be fought against the right way.  

Buffalo Police Didn't File a Report—Now What? 

Well, the Buffalo Police failed to write a report when you got your accident. There's still no cause for dismay. You have some recourse. 

How to Obtain Other Records to Back Up Your Case 

You can begin with getting other papers: 

• Medical Records: These give the timeline and nature of your injuries. If treated at Buffalo General Medical Center close to the hours of the wreck, your records will be indubitable proof of the extent of the crash. 
• Photographs: Photos of the accident location, car damage, and harm can be persuasively vivid. A snapshot of your bruised bumper along I-190 near the Peace Bridge can highlight the intensity of the wreck. 
• Personal Notes: Record everything you can recall about the accident. Recording details such as "the other driver was on their phone" can be invaluable later if witnesses confirm this. 

These notes can be compelling evidence if there is no police report. 

Obtaining Witness Statements Before They Vanish 

Witnesses can provide objective descriptions of the accident. To obtain their statements: 

• Act Fast: Memories do not last forever. Research indicates that eyewitness accuracy declines substantially within a matter of days. 
• Gather Contact Information: Names, phone numbers, and addresses allow you to follow up in the future. A store owner along Main Street who witnessed the accident might make a helpful statement. 
• Request Written Statements: Ask witnesses to recount what they observed. If they say that "the other vehicle ran the stop sign at Hertel and Delaware," this can help support your case. 

Witness testimony can really help to support your case. Our personal injury attorneys can also assist in locating witnesses and in getting sworn affidavits to help make your claim more credible. 

Powerful Evidence That Can Save Your Case Without a Police Report 

Without a police report, other types of evidence are essential. Here's what you need to pay attention to. 

Security Footage: Where to Look and How to Obtain It 

Security cameras may have recorded your accident. To get this footage: 

• Find Nearby Cameras: Check for cameras on businesses or traffic lights close to the location. The Buffalo-Niagara International Airport, for instance, has many cameras watching roadways. 
• Act Quickly: Video is usually overwritten within a few days, at times within 24 to 72 hours. In 2022, a Buffalo hit-and-run crime was cracked due to a business owner who recorded video just in time. 
• Request Copies: Politely request the footage from the property owners or authorities. Most businesses are happy to supply footage if asked immediately after the accident. 

This visual proof may give an objective description of the incident. 

Utilizing Medical Records as Unquestionable Evidence 

Your medical records are important. They: 

• Record Injuries: Demonstrating the degree and type of injury incurred. For instance, if you had a broken wrist, Mercy Hospital X-rays can be used as evidence. 
• Create Timelines: Connecting injuries to the accident date. If you went to an urgent care facility in Buffalo hours after the accident, this makes your case stronger. 
• Support Claims: Supplying professional reports of your state. If you have a medical report that confirms your injury could be caused by a rear-end collision, liability is established.  

Make certain to retain any medical records arising from the incident. 

What to Do If You Never Called the Buffalo Police After an Accident 

Perhaps you didn't believe the accident was severe, or maybe you were too upset to report it to the police. Either way, there are actions you can now take. 

Do You Still Have to Report It Later? 

Yes, it's a good idea to report the accident even later. Although the delayed report is not as compelling, it: 

• Creates an Official Record: Which can support your claim. Even if it’s a self-reported accident form filed with the New York DMV, it provides documentation. 
• Demonstrates Responsibility: Showing you’re taking the incident seriously. New York law requires a written accident report for crashes causing over $1,000 in damage, so filing one late is better than not filing at all. 

Call the Buffalo Police Department to report the incident as soon as possible. 

Get Legal Assistance to Make Your Case Stronger 

Don't try to fight this battle alone if you're getting a tough time with your injury claim due to the lack of a police report. At Horn Wright, LLP, we know how to craft a strong case with alternative proof, witness testimonies, and expert legal techniques.  

Our Buffalo injury lawyers have successfully helped Buffalo accident victims recover compensation—even without official reports. If you're looking for top-tier legal representation, hire one of the best law firms in America to fight for your rights. 

Let us take the stress off your shoulders. Contact our Buffalo office today for a free consultation and get the legal support you deserve.