How to Use FOIL Requests to Strengthen Your Personal Injury Case in New York
- Reza Yassi
- 2 days ago
- 6 min read
If you've been injured in an accident in New York, gathering evidence is crucial to building a strong case. One powerful but often overlooked tool at your disposal is FOIL—the Freedom of Information Law. This law gives you the right to request documents and records from government agencies that might contain valuable evidence for your case. As the New York Department of State Committee on Open Government explains, FOIL provides public access to government records that can be essential for your personal injury claim.
What is FOIL and Why Should You Care?
FOIL is New York's version of the Freedom of Information Law, which allows citizens to access government records. According to the New York State Committee on Open Government, every state or municipal department performing a governmental function is subject to this law.
After an accident, these records can provide crucial evidence including:
Video footage of your accident
Maintenance records showing neglected infrastructure
Prior complaints about dangerous conditions
Safety inspection reports
Records of previous accidents at the same location
This information can be the difference between winning and losing your personal injury case by helping establish negligence, notice of dangerous conditions, or patterns of problems that should have been addressed. As the NYCLU's FOIL Toolkit notes, any member of the public can request government agency's records without needing a lawyer.
Where to Look: Key Agencies and What They Have
1. New York City Department of Transportation (NYC DOT)
The DOT maintains records related to streets, traffic signals, and road safety. After a traffic accident or fall on a public street, consider requesting:
Traffic camera footage showing your accident
Maintenance records for roads, sidewalks, or traffic signals
Safety evaluations of the intersection or street
Records of road repairs or modifications
You can submit DOT FOIL requests through the NYC OpenRecords Portal, which provides a streamlined process for all city agencies.
Real-life example: In a case where a cyclist was injured after hitting a pothole, DOT records revealed three prior complaints about that same pothole—proving the city knew about the hazard but failed to fix it.
2. New York Police Department (NYPD)
The NYPD holds valuable records about accidents and emergency responses:
Official accident reports (MV-104 forms)
911 call recordings and dispatch logs
Police body camera footage if officers responded
NYPD surveillance footage from nearby cameras
According to the NYPD's Document Production/FOIL Requests page, all FOIL requests should be submitted via the NYC OpenRecords portal. When requesting police records, include as much specific information as possible, such as report numbers, dates, locations, and precinct information.
Pro tip: Request these records as soon as possible, as video footage may only be kept for limited periods. Most surveillance footage is typically stored for only 30-90 days.
3. Department of Design and Construction (DDC)
If your accident involved infrastructure like bollards, barriers, or construction zones, the DDC may have records about:
Engineering drawings and plans
Installation documents
Project contracts and specifications
Communications about design decisions
4. NYC 311 System
The 311 complaint system can reveal prior knowledge of dangerous conditions:
Public complaints about hazards at your accident location
Service requests for repairs
Documentation of when problems were reported
Response times to address reported issues
You can access 311 data through the NYC OpenRecords Portal or check if the information is already available on the NYC OpenData Portal, which hosts many public datasets including 311 complaints.
Why this matters: If someone previously reported a loose handrail that later caused your fall, these records can establish that the property owner knew about the danger but didn't fix it.
5. Other Relevant Agencies
Depending on your accident:
Metropolitan Transportation Authority (MTA): For bus, subway, or train-related accidents
Department of Environmental Protection (DEP): For issues involving water, sewer, or utility infrastructure
Department of Buildings (DOB): For construction or building-related accidents
How to Make Effective FOIL Requests
Be Specific and Detailed
According to the NYC OpenRecords FAQ, an agency may deny a request that does not "reasonably describe" the records sought. Vague requests lead to delays or denials. Instead of asking for "all records about the intersection," specify:
Exact location (e.g., "the northeast corner of 6th Ave and 32nd St.")
Precise date and time ranges (e.g., "April 1, 2025, between 1p.m.. and 2 p.m.")
Specific type of records (e.g., "traffic camera footage showing the truck rollover accident")
Use Smart Search Strategies
Try multiple geographic descriptions (intersection, block, street segment)
Use appropriate date ranges (for the accident itself, use a narrow window; for maintenance history, consider several years)
Request records in electronic format when possible
Ask for specific file types if relevant (videos, emails, reports, etc.)
Sample Request Language
Here's a template you can adapt:
"Under the New York Freedom of Information Law, I request copies of [specific records] related to [exact location] on [specific date/time range]. These records are relevant to a personal injury incident that occurred at this location. Please provide these records in electronic format if possible. I am willing to pay reasonable fees associated with this request."
Track and Follow Up
According to New York State's FOIL guidelines, agencies have five business days to acknowledge your request. The agency must then either provide the records, deny your request in writing, or acknowledge receipt and provide an estimate of when they'll respond. Keep a log of:
When you submitted each request
Which agency received it
Request tracking numbers
Response deadlines
All communications with the agency
The NYC OpenRecords Portal provides a system for tracking your requests automatically. Don't be afraid to follow up if deadlines pass without response.
Common Roadblocks and How to Overcome Them
Denied Requests
According to the National Freedom of Information Coalition, New York FOIL law exempts certain categories of information from disclosure, such as those that would result in an unwarranted invasion of privacy, certain law enforcement records, and inter-agency materials.
Agencies sometimes deny requests for reasons such as:
Privacy concerns
Ongoing investigations
Records that "don't exist"
"Too broad" requests
If denied, you have the right to appeal within 30 days of receiving the denial. The NYC OpenRecords FAQ notes that the denial letter should include appeal instructions. Appeals officers must respond to your appeal within 10 business days.
Fees
Agencies can charge reasonable fees for copying or extensive searches. Consider:
Requesting fee waivers (some agencies will waive fees for individuals)
Asking for electronic copies to reduce costs
Narrowing your request if fees are prohibitive
Delays
Government agencies move slowly. To minimize delays:
Submit requests immediately after your accident
Follow up regularly but politely
Consider having your attorney submit requests on your letterhead
If urgent, explain why expedited processing may be warranted
Putting It All Together: A Timeline
Immediately after accident: Submit FOIL requests for video footage and emergency response records before they expire
1-2 weeks after accident: Request maintenance records, prior complaints, and inspection reports
After receiving initial records: Submit follow-up requests based on what you learn
3-4 months after accident: Ensure all records are received before filing a lawsuit
During litigation: Use FOIL records to support discovery requests and deposition questions
Working With Your Attorney
While you can submit FOIL requests yourself through the NYC OpenRecords Portal or state agency websites, your personal injury attorney can:
Draft more effective requests using legal terminology
Better interpret the records you receive
Use FOIL records strategically in settlement negotiations
Coordinate FOIL requests with formal discovery
File appeals if requests are wrongfully denied
Yassi Law has experience helping clients obtain vital evidence for their car accident claims, including navigating the complex FOIL request process.
Final Thoughts
FOIL requests are powerful tools that can uncover evidence not otherwise available through traditional discovery. Being proactive with these requests can significantly strengthen your personal injury case by revealing patterns of negligence, prior notice of dangerous conditions, or failures to maintain public infrastructure.
Remember that government agencies work for the public—including you. As stated by the New York State Committee on Open Government, these records belong to the citizens, and FOIL gives you the legal right to access them to support your case.
Before submitting a FOIL request, check if the information is already available online through resources like the NYC OpenData Portal or 511NY's traffic camera feeds, which might save you time in your evidence-gathering process.
If you have been injured in an accident, call Yassi Law at 646-992-2138.
Disclaimer:
This blog post is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney about your specific circumstances.
