Can You File a Personal Injury Claim If No Police Report Was Filed?

What to Know If There’s No Official Record

After an accident, many people assume they need a police report to file a claim. But that’s not always how it works. In Rochester and across Monroe County, you can still file a personal injury claim even if no police officer showed up. The process may be harder, and it often requires more effort to prove what happened. But the absence of a report doesn’t automatically close the door.

At Horn Wright, LLP, our personal injury attorneys help injured New Yorkers take action even when the situation feels incomplete. If you were hurt but never got a formal police report, don’t give up. With the right evidence and the right legal support, your claim can still move forward.

Yes, You Can File Without a Police Report, But It May Be Harder

In New York, the law doesn’t require a police report to file a personal injury claim. What matters more is the evidence you can collect and how clearly it supports your side of the story. A police report often helps, especially in car accident cases, but it isn’t mandatory.

If the crash or injury happened in Rochester and the police didn’t respond—or if no one called them—you can still bring a case. But your attorney will need to rely on other sources to show:

• What happened
• When and where it occurred
• Who was involved
• Who was likely at fault

When a report is missing, insurance companies may look more critically at your claim. That’s why acting quickly and gathering strong supporting documents becomes so important.

Understand What the Police Report Typically Provides

A police report provides a structured version of the event. It often includes:

• Names and contact info for drivers, passengers, and witnesses
• A summary of what each party said
• Vehicle damage descriptions
• Road or weather conditions
• Diagrams of how the incident unfolded
• Whether any tickets or violations were issued

In Monroe County, officers from the Rochester Police Department or the Monroe County Sheriff's Office typically file these reports. While not always perfect, these records create a reference point that courts and insurers take seriously. If that’s missing, it simply means you’ll need to supply these details another way.

Identify Why a Police Report Might Not Have Been Filed

There are several common reasons people don’t end up with a report. Sometimes, both parties agree to settle things privately at the scene. Other times, no one calls the police, especially if the injuries seem minor at first. In some parts of Rochester, like along East Avenue or near heavily trafficked areas, officers may be tied up with other calls and can’t respond immediately.

Weather can also play a role. During snowstorms or major events, police departments may prioritize emergencies, meaning some crashes go undocumented.

What’s important is that you don’t panic if a report wasn’t made. You’re not out of options. You just need to take the next steps on your own.

Collect Alternative Evidence to Build the Foundation

If you don’t have a police report, you’ll need to build your case from other materials. This evidence becomes your version of the incident—and if collected properly, it can hold up just as well.

Useful forms of documentation include:

• Photos of the crash or hazard
• Video footage from nearby businesses or dashcams
• Contact info from eyewitnesses
• Medical records from Strong Memorial Hospital or Highland Hospital
• Texts or emails between you and the other party
• Repair estimates for vehicles or damaged property

Try to preserve everything. Take pictures from different angles. Save all conversations. Even a timestamped photo of a damaged car on University Avenue could help show when and where the accident occurred.

Report the Accident After the Fact (If Possible)

In some cases, you can still create an official record after the incident. For example, if you were in a car crash and no officer came, New York law requires you to file a Report of Motor Vehicle Accident (MV-104) within 10 days if:

• Someone was injured, or
• Property damage exceeded $1,000

or review the New York State Courts guide to accident documentation. This self-reported document won’t carry the same authority as a police report, but it shows that you took steps to document the event. It also puts your version of events into a public record, which is useful if the other party later disputes your claim.

For other types of incidents, like slip and falls, you may be able to submit an incident report to the business or property owner. Keep a copy for your records.

Avoid Delays That Could Harm Your Claim

Time works against you in personal injury cases. Without a police report, delays look worse. They give the other party or their insurer more room to argue that the event didn’t happen as you describe it.

If you didn’t call the police, at least document everything else immediately:

• Seek medical care, even for mild symptoms
• Take photos of injuries, locations, and damage
• Write down everything you remember

Let’s say you slipped on ice outside a store in Brighton. You went home, but now your back pain is getting worse. Don’t wait another week. See a doctor. Notify the property owner. Collect whatever you can now, before the sidewalk melts or security footage gets erased.

Understand How Insurance Companies View Missing Reports

In Rochester-area claims, insurance adjusters tend to scrutinize any gap in the paper trail. If there’s no police report, they may:

• Suggest the accident didn’t happen
• Downplay your injuries
• Delay claim processing
• Argue that fault is unclear

That’s why good documentation matters. If you can show you took photos, saw a doctor, and contacted the other driver—all within a short time—it builds credibility. You’re showing that you didn’t ignore the incident, you just didn’t get a police response. You’re showing that you didn’t ignore the incident, you just didn’t get a police response. If the other party promises to handle it informally. That step ensures there’s at least one official record early on.

Let a Local Attorney Build the Legal Structure

A personal injury lawyer can help fill in the missing pieces. Attorneys experienced in Rochester know how to gather supporting documents, reach out to businesses for video footage, and prepare you for what insurers may argue.

Your attorney may:

• Interview witnesses to clarify timelines
• Request surveillance footage from nearby cameras
• Create diagrams of the scene
• Coordinate expert reviews of medical reports

If your claim ends up in Monroe County court, your attorney can use this evidence to tell a clear, logical story—even without a police report. It’s all about how well your case is supported.

No Report? Don’t Wait. Build Your Case Now

You don’t need a police report to file a personal injury claim in Rochester or Monroe Couo handle these cases. At Horn Wright, LLP, we help injury victims take the right steps, even when the scene wasn’t officially documented. Learn more about how we support these claims. Your case is still valid. Let’s build it together.