How to File a Car Accident Claim Without a Police Report
After a car accident, you may have immediately left the scene to treat your injuries or see to the safety of your passengers. Maybe you were victim of a hit-and-run accident where the other driver immediately fled the scene before stopping to notify the police. Whatever the case may be, not having a police report doesn’t mean you can’t file an accident claim. Learn more about whether it’s mandatory to have a police report on your accident claim, what other evidence can be used to support your story, and how a car accident law firm in California can help injured drivers get the justice they deserve.
Do I Need a Police Report to File a Car Accident Claim?
No, you do not necessarily need a police report to file a personal injury claim after an accident. Not having a police report won’t hurt your accident claim, as you can use other forms of evidence to support your story. In fact, some minor collisions don’t require reporting to the police.
When Do I Absolutely Need a Police Report After a Car Accident?
California state law does require the reporting of a car accident under specific circumstances. These are:
- There were injuries or fatalities in the car accident
- There was property damage as a result of the accident totaling more than $1,000
When a car accident results in injuries or death, it is mandatory under California Vehicle Code 20008 that the accident is reported to the police of California Highway Patrol within 24 hours. If your accident results in injuries, death, or extensive property damage, you are required to fill out a SR-1 form at the DMV within 10 days of the accident.
What Information Can a Police Report Provide?
A police report can provide information such as:
- The names of all the drivers involved in the car accident
- A summary of the accident, including the time, date, and location
- The severity of the injuries sustained, especially if involved drivers were visibly injured on the scene
- Any witnesses present for the accident
Can Insurance Companies Use a Lack of Police Report Against You?
If you are filing a claim against another driver, their insurance company will use the absence of a police report against you. Remember, insurance companies have the ultimate goal of lowering your payout amount as much as possible, which is why they will often try to pin fault or responsibility on the other driver.
Some of the ways insurance companies may use a lack of a police report against you are:
- Since there is no “official” report of the car accident that narrates the unfolded events, insurance companies will question your story even more thoroughly
- Insurance companies may push you for recorded statements, which they can then further analyze and attempt to use against you as an admission of fault
- With no police report, some insurance companies may argue that liability for your accident is unclear
Just because you don’t have a police report after an accident, doesn’t mean you’re not eligible for compensation. Speaking with a car accident attorney can help you learn more about the basis of your claim and what evidence is needed.
Evidence that Could Further Support a Car Accident Claim
No police report? No problem. Other strong evidence can be used to support your claim and prove the liability of another driver in a car accident. This evidence can include:
- Detailed photos and videos (including dashcam footage) of the accident scene, environment to highlight weather conditions, and your injuries and car damages
- Medical documentation of injuries, including any future surgeries or medications needed
- The accounts of any eyewitnesses to the accident
- Expert testimony or accident reconstruction
- Proof of loss of income due to being unable to work from injuries sustained in an accident
How Can a Car Accident Law Firm in California Help My Case?
A car accident lawyer can provide you with legal expertise in all matters relating to your car accident claim, including evidence collection, interviewing expert witnesses, and communicating on your behalf with insurance companies after the accident. Car accident lawyers know all the tricks insurance companies can try on injured drivers with no police report in their claim, and they are prepared to respond accordingly and fight against any indications of fault or dishonesty against victims of car accidents caused by other negligent motorists.
Frequently Asked Questions
How Long Do I Have to File a Car Accident Claim?
Injured California drivers have 2 years from the date of their car accident to file a claim against another party for compensation. Timeliness is important, as after the deadline all injured individuals forfeit their right to compensation.
Could I Represent Myself in a Claim?
You could technically represent yourself in a claim but overcoming the hurdles of a car accident claim without a police report is easier when you’re working with an attorney. Not only can working with an attorney make it easier to support your claim, but data shows that working with an attorney can allow people to recover up to 3.5 times the compensation they would otherwise get on their own.
What Compensation Can I Get in a Car Accident Claim?
The compensation from a car accident claim can cover current and future medical expenses, support individuals and their families if they’ve been left unable to work due to injuries, cover car repairs or vehicle losses, and even be used to compensate for their pain or diminished quality of life.
Do I Have to Speak to the Other Party During a Claim?
Not at all. A car accident lawyer can handle all communications with other parties and their representation on your behalf.
Should I Speak to the Other Person’s Insurance After a Car Accident?
If you feel too overwhelmed or anxious to speak to another driver’s insurance company, an attorney can communicate with them on your behalf.
Could I Still File a Claim if I was Partially Responsible for the Accident?
Absolutely! California is a comparative negligence state, which means that other drivers who had some fault for an accident can still file a claim to recover compensation for their injuries. The final compensation amount is reduced by the percentage of fault they’re found to have.
How Can BD&J Help My Claim?
BD&J has been fighting for the rights of injured drivers and other California locals for more than 20 years. We’ve recovered more than $2 billion* in compensation, and we’re not afraid to go against big insurance companies and other parties when it comes to obtaining justice for our clients.
Do I Have to Pay Upfront to Work with the BD&J Car Accident Law Firm in California?
No, we work on a contingency basis. This means all case costs are advanced to clients, and we recover final attorney fees from the compensation amount after a case has settled. No fees until we win*.
How To Collect Evidence Besides a Police Report for Your Claim
Just because you don’t have a police report for your car accident claim, it doesn’t mean other evidence won’t support you. Collect evidence for your lawsuit by:
- Taking extra photos and videos. – Make sure to capture all aspects of the accident scene, as well as damage to your vehicle. Getting photos of the road around your accident, such as skid marks, debris, and road signs can also help.
- Exchanging information with the involved driver and witnesses. – Be sure to get the information of the other driver(s), as well as other witnesses who may have seen the accident unfold. This can provide testimony to support your claim.
- Getting injuries checked out immediately. – Do not delay going to the hospital, even if you don’t feel any pain or similar injuries. By getting your injuries checked out, you are also documenting the extent of them and necessary treatments, to further back your claim.
- Visiting a car accident law firm in California. – If you need help with collecting evidence to strengthen your claim, talk with an attorney at a reputable car accident law firm in California. They should be able to offer you advice on the right evidence to further support your case.
A Car Accident Law Firm in California You Can Trust
Filing a personal injury claim can be tricky, but not impossible. Talk with BD&J, the trusted car accident law firm in California residents turn to when they need help with their claims. Call our team 24/7 to book your initial consultation!
Injured in a car accident? Call BD&J, the premier car accident law firm in California!