Do you know what to do if police hit your car? Here's our tips, and why justice is elusive

David Robinson, New York State Team

Lia Marie-Henry, in the Hudson Valley, believes a sheriff’s deputy pressured her into driving an unsafe car that was totaled in a police crash.

Rochester resident Dina Noto got no help with her $7,000 repair bill after her parked car got smashed by police. Sandie Ortiz, of Ossining, said filing a costly crash-related lawsuit is her only chance at holding police accountable.

Now, consider this question: What would you do if a police car slammed into your vehicle?

From facing a roadside police interrogation to taking your own photos and hitting legal deadlines, protecting yourself after a police-involved crash can seem intimidating and complex.

Lia-Marie Henry walks along the shoulder at the intersection of Maloney Road and Noxon Road in LaGrange on March 15, 2024. Henry was rear ended by a Dutchess County Sheriff's deputy, which resulted in her car being totaled.
Lia-Marie Henry walks along the shoulder at the intersection of Maloney Road and Noxon Road in LaGrange on March 15, 2024. Henry was rear ended by a Dutchess County Sheriff's deputy, which resulted in her car being totaled.

Even the most informed New Yorkers still face barriers to justice due to broad legal immunity granted to emergency responders, as revealed by an ongoing USA TODAY Network-Syracuse University investigation of law enforcement crashes statewide.

What follows are key findings from that reporting intended to better prepare New Yorkers for police-involved crashes.

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Ask questions of police, promptly

Several New Yorkers involved in police crashes recalled feeling intimidated by responding officers, reinforcing concerns about potential conflicts of interest when police investigate their own.

Some citizens described undergoing intense roadside questioning while still being rattled by the crash. But, if possible, asking questions about the crash investigation could help limit gaps in evidence that may complicate filing a future insurance claim or lawsuit.

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For example, pointing out to investigators potential witnesses, road features, skid marks, vehicle damage and other details improves odds that key information finds its way into police reports.

Also be mindful of leaving the scene of the crash with unresolved questions about vehicle damage, injuries, or the investigation, as it could impact police accountability.

Asking about the department’s policy on conducting a crash reconstruction could also prove valuable. Some departments require the more thorough investigation process when police are involved in serious crashes, though others lack a written policy.

Dina Noto stands alongside her parked Toyota Corolla on Park Avenue, near Rowley Street, in Rochester Monday, March 18, 2024. The car was badly damaged when it got smashed during a police crash. Noto didn't have collision coverage and her claim with the city got denied due in part to the "reckless disregard" standard for emergency responders.
Dina Noto stands alongside her parked Toyota Corolla on Park Avenue, near Rowley Street, in Rochester Monday, March 18, 2024. The car was badly damaged when it got smashed during a police crash. Noto didn't have collision coverage and her claim with the city got denied due in part to the "reckless disregard" standard for emergency responders.

Take photos, video of the crash scene

Gathering your own photos and video of the crash scene and subsequent investigation could also contribute to a more thorough record of the incident.

State laws, including one approved in 2020, make clear a person not under arrest or in custody of law enforcement has the right to record police activity. That protection also bars police from confiscating the recording or device involved without a warrant.

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But some restrictions apply, such as private property limits or police ordering you to cease activities that are truly interfering with legitimate law enforcement operations, according to the New York Civil Liberties Union.

Sandie Ortiz, whose car was struck by a Yonkers police SUV in June, is pictured in her car at home in Ossining March 29, 2024. Ortiz has been trying to get the police insurance to cover the $3,000 in damages to her car.
Sandie Ortiz, whose car was struck by a Yonkers police SUV in June, is pictured in her car at home in Ossining March 29, 2024. Ortiz has been trying to get the police insurance to cover the $3,000 in damages to her car.

Learn about police-crash reports

Becoming familiar with police crash reports provides you a general understanding of the investigation process, as well as the documents that could prove crucial in insurance or court claims.

The state Department of Motor Vehicles website, dmv.ny.gov, has a variety of portals and search tools that assist in accessing accident reports, insurance information and other important records.

To learn more about the police crash reports, the agency website has a detailed 102-page instruction document. There is also a DMV Call Center for general questions, at 1-518-486-9786 or 1-800-698-2931.

Know how to file complaints, claims

If necessary, filing the proper paperwork is key to getting compensation after a police-involved crash.

One of the most crucial deadlines involved the 90-day window for filing a notice of claim. The clock begins ticking the date of the crash, and missing this deadline limits your ability to file a lawsuit.

Insurance battles: A Rochester officer smashed into her parked car. She got no help paying for $7K in damages

If you miss the 90-day notice of claim deadline, state law allows some leeway based on emergency circumstances, but judges are generally reluctant to grant the added time retroactively.

Further, filing complaints with police for suspected police misconduct is also an important step, as it triggers an internal investigation and joins the formal record. The New York Attorney General's office has an online complaint portal for law enforcement misconduct, or check your local police department's website.

This article originally appeared on Rockland/Westchester Journal News: Do you know what to do if police hit your car in NY? Here are our tips

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