Although you CAN file an insurance claim without a police report, having one can provide clear, credible evidence to support your car accident claim.
You were just involved in a car accident. Luckily, there didn’t appear to be major car damages or injuries. You exchanged information with the other driver and made sure to let your car insurance carrier know about the incident. Then, you remember that you forgot to contact the police and didn’t file a police report. Now what? Fortunately, you aren’t out of luck.
What is a Police Report?
Police reports are basically a car accident’s third-party witness. They contain essential details about the incident including accident date and time, the officer’s initial assessment of fault, injuries reported and vehicle damage location. A report may also contain important observations about weather conditions, road situations and any list of citations issued onsite.
A report does not legitimize or delegitimize damages or injuries that may have occurred in an accident. It’s a report of what did occur that can be used as testimony in a lawsuit. A report does hold weight, however, so it is vital to report an accident to the authorities.
Filing a police report depends on the state you are in. In California, you are legally required to file a police report within 24 hours for any car accidents involving:
- Damages exceeding $1,000
- Injuries
- Fatalities
- Hit and run accidents
Drivers must also fill out an SR-1 report with the Department of Motor Vehicles (DMV) within 10 days of the car accident. Failure to do so may result in the DMV suspending your license.
Reporting Minor Accidents in California
Minor accidents that don’t meet the criteria mentioned above can be reported later. California has a two-year statute of limitations for personal injury claims and a three-year statute of limitations for property damage for car accidents. However, keep in mind that while it may not be legally required immediately, waiting to file a police report could impact your ability to receive insurance claim compensation or support. As time goes by, you may encounter challenges in gathering evidence, establishing fault or corroborating accident-related details.
Insurance Reporting Requirements
Also, keep in mind that while California may not legally require you to report a car accident to your insurance company, your agency may say otherwise. If your insurance policy states that reporting an accident is required, your insurer may deny you coverage if you fail to report the incident to them.
Consequences of Not Reporting
If you don’t report a car accident, you may not be able to recoup any damages for dents and scratches to your car or injuries you discover after the fact. You may even lose your driving privileges, be forced to pay a fine or even go to jail. That’s why it’s important to file a police report as soon as possible after a car accident.
Why It’s Good to File a Police Report
While it’s not a requirement for minor car accidents, contacting the police has its benefits:
- A police report is a credible, objective piece of evidence for car accident claims. Without it, it may be difficult to put together a convincing claim unless you obtain sufficient evidence from other sources.
- Having a police report can help speed up the insurance claim process.
- When processing claims, insurance companies utilize police reports to help establish accident details and determine fault.
- Insurance adjusters use police reports to confirm and assess property damages and injuries.
- Without a police report, the accident may turn into a “he said, she said” situation, unless you thoroughly document any evidence.
- You may feel fine at the time of the car accident. But neck and back injuries can show up days, weeks or even months after an accident. A police report protects your right to receive medical care.
- Your insurance company may delay or deny compensation for medical expenses if they cannot verify the car accident.
- After an accident, you may realize that your car has internal damage that will be costly to repair. A police report gives you a better chance of holding the at-fault driver liable for any damages.
Obtaining a Police Report
If a police officer arrives at the accident scene and files a police report from there, you don’t need to file another report. Typically, police will provide you a with copy of the report. Then, usually, one of the two parties involved in the car accident will send a copy of the report to the insurance company. If you lose your report copy you can request an additional copy from the police station.
If the accident went through an insurance company, they likely will have a copy of the police report they can provide you. Also, if you don’t file a report at the scene of the accident, you can contact the police station, go in person or even file an online report in some cases.
Where to Request a Report Online
Los Angeles Police Department: Records and Identification Department
Torrance Police Department: Records Department
Huntington Beach Police Department: Records Request
Extra Steps to Support Your Claim
You can still file a car accident claim with the other party’s insurance company even if you didn’t file a police report. Be sure to do the following:
- Obtain witness statements. If anyone was at the accident scene, ask the person (or people) to support your version of the events. Be sure to obtain contact information and statements.
- Gather evidence. Take pictures of the accident, including of any car damages and the location where the incident occurred. Look for video footage from surveillance and traffic cameras. Ask any potential witnesses if they took photos.
- Reach out to an attorney. A car accident lawyer can interview witnesses, gather evidence and act as an advocate if you face criminal charges.
While not mandated by law for all cases, timely reporting of accidents is still essential for a smoother process and better prospects for receiving the best outcome and compensation for your car accident claim.
An Experienced Attorney Can Help
Even if you didn’t call the police or receive a police report after suffering injuries in an accident and want to pursue damages, a skilled car accident attorney may still be able to help you pursue a settlement.
Securing the help of a qualified lawyer acting as your advocate will help you get the best possible outcome and compensation for your insurance claim. Our highly trained, knowledgeable car accident experts have over 50 years of combined experience and know what is needed to build a solid case in a car accident — with or without a police report. Contact us for a free phone consultation from anywhere in California, or schedule a visit at our Los Angeles, Torrance, or Huntington Beach offices.