Legal Issues

Consequences of Not Obtaining a Police Report After a Car Accident

The police report is an official record that contains information about the car accident’s facts, such as the date, time, place, and people involved. This data is essential in personal injury claims as it expedites the legal procedure and guarantees appropriate liability determination.

Getting a police report when involved in an auto collision is generally a standard procedure. 

Nevertheless, some people may skip this step for various reasons. However, there may be severe consequences if a police report is not obtained. In most cases, insurance companies will highlight the absence of a police report to pin liability on you. 

In this article, you will learn the importance of having a police report after a car accident when filing a claim for compensation.

Should I Always File a Police Report After a Car Accident?

In the United States, it is customary to report a car collision to the police, mainly if there is substantial property damage, injuries, or disagreements about who was responsible. While state laws vary regarding the threshold for mandatory reporting, having a police record can have a number of advantages, especially if you will be pursuing compensation for the damages.

For example, in California, reporting all accidents to the police is not mandatory. The Department of Motor Vehicles states that a car accident can legally go unreported if the property damage is minor, totaling less than $1,000, or there are no bodily injuries from the collision.

Overall, if the car accident results in injuries, death, or significant property damage, your state might mandate that you file a police report. Crashes with several issues, such as the driver fleeing the scene, should also be reported.

What Does a Police Report Contain?

Critical details about a car collision are usually included in a police report. In a car accident claim, this information can be beneficial in determining the events leading up to the crash and what caused it. Here are the following details that responding officers usually include in a police report: 

  • Complete names, addresses, phone numbers, and insurance company information of the drivers involved.
  • Information about the vehicles, such as the makes, license plate numbers, and pictures of the affected cars.
  • Circumstances surrounding the crash site, including the weather, the state of the roads, and the precise moment and date of the collision.
  • Statements from the accident’s witnesses, other victims, and drivers.
  • Sketches or diagrams that show the order of events and the collision spot.
  • Recording of any infractions committed by the negligent party.
  • The officer’s conclusion about what caused the collision and who was found to be at fault for it.

Consequences of Not Obtaining a Police Report After a Car Accident

Despite not being mandatory in some cases, having a police report significantly benefits victims seeking compensation for the damages incurred in a car accident. On the other hand, not having such a document might also pose significant challenges in a personal injury case.

Liability Dispute

If the car accident results from another party’s negligence, you may sue for damages or file a claim to receive compensation. However, the absence of police reports could impede the filing of insurance claims and result in disagreements over who is responsible. If the other party to the accident contests your account of events or tries to place the responsibility on you, it may be challenging to defend yourself since you lack a police report.

For example, a distracted driver struck your vehicle. Since you did not have a police report, you can’t prove that the at-fault party was distracted during the collision. Unfortunately, they shifted the blame on you by contending that you were speeding at the time of the accident, resulting in damages, even if you were not. 

Lack of Official Documentation

The police report is a crucial document showing how the accident happened and what caused it. It includes vital information such as driver contacts, vehicle details, accident conditions, testimonies, diagrams of the accident, traffic violations, and the police’s conclusion on liability.

Hence, it becomes more challenging to precisely establish the facts and circumstances surrounding the accident in the absence of an official record from law enforcement. This may give rise to doubts about who is liable and how much damage has been done, which could cause arguments between the parties. In addition, without the backing of a police report, insurance companies could be reluctant to process claims or might provide smaller settlements. 

Negotiation Challenges

Insurance companies typically look for police reports to assess the damage of the accident when coming up with a settlement offer. If you lack a police report, you might have a difficult time negotiating for the total damages of the accident.

For example, a speeding driver hits you. Unfortunately, you fail to report the accident to the police because you think you did not incur any damages. After a few days, you experience symptoms leading to internal damage. Since you did not have a police report, the other party insisted that your injury resulted from a different incident than the crash.

Delayed Resolution

Determining blame and settling other issues in auto accidents without a police report can take a long time. Insurance companies will always question their client’s liability and total damages in the absence of an official record of the crash, so the case may take longer to resolve.

Having a police report significantly impacts the process and results in a personal injury case. While you may choose not to file a police report, it can speed up the legal process if you are file a car accident claim. This is why reporting a car accident to the authorities is crucial to protect your safety and legal rights.

Conclusion

Failing to obtain a police report following a car collision might have serious consequences. In the absence of this formal record, settling disputes about liability, insurance, and court cases may take longer and require extra effort to resolve. This is because a lack of a police record could result in disagreements, drawn-out discussions, and even legal issues. It is necessary to file a police report to document the car accident officially to have a more seamless and effective settlement procedure. 

A car accident lawyer can also help you request a copy of the police report when establishing your case. If you lack one, they will use their experience, expertise, and resources to gather other types of evidence to prove your claim and negotiate for maximum compensation. 

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