Do You Always Need A Police Report After An Auto Accident
Its a surefire way to ruin a day: an auto accident. Not only do you have to deal with the hassle of a damaged car, but waiting around the accident scene to file a police report can eat up a good chunk of your day.
But what if no one was injured in your accident, and both cars are drivable? Is it OK for you and the other driver to leave the scene without calling the police and filing a police report?
This option might be tempting, especially after you and the other motorist have already swapped contact and insurance information. But attorneys who handle auto accident cases say that not filing a police report can be a big mistake, a potentially costly one if you are the driver who was not at fault in the accident.
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Ira Maurer, founder of Maurer Law Firm and a personal injury attorney in Poughkeepsie, New York, says that the police report documents the conditions and probable causes of an accident. Leaving without filing one, even when both drivers in an accident agree to do this, might result in a lower insurance payout to you, Maurer said.
That can significantly affect your ability to obtain reimbursement for the damage to your vehicle and monetary damages for your injury, Maurer says. Protecting this important record by speaking to the police at the scene and providing detailed information about the accident and your injuries will be critical to your claim.
Can I Still Call The Police If The Accident Is Minor
Absolutelyand in some cases, it may still be in your best interests to do so. Even if there appear to be no injuries, sometimes the signs of internal injury dont show up for hours or days after the impactand if that happens, a police report can definitely help you in a personal injury claim. If the impact is such that you have concerns about an injury after the factand if you have the time to waitit is your right to insist upon a police response.
Information A Police Report Provides
As mentioned previously, a police report is unbiased. It is the viewpoint of a law enforcement officer who is not invested in who is right or wrong in the occurrence of an auto accident. Instead, this officer provides an objective view of multiple factors of the car collision, including:
- The precise location of the car accidents occurrence
- Date and time the auto accident occurred
- Damage to vehicles and other property as a result of the accident
- Injuries sustained by drivers, passengers, pedestrians, or others
- Statements and identifying information of witnesses to the crash
- Statements of drivers regarding their perspective of the accident
- Environmental information from the time of the accident
- Other important facts
Having a police report in evidence for your case supports your claim and can vastly improve your chances of successfully obtaining the compensation you deserve, as a victim of another partys fault or negligence.
If you are the driver determined to be at fault, you still need to have a police report of the accident. When the other driver makes a claim or tries to fake aspects of the accident, having a filed police report copy will prove very helpful and may keep you from having to pay for a false injury. Regardless of which side of legal case you are on after an auto accident, as plaintiff or defendant, having a police report will serve you well.
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Why A Police Report After A Car Accident Matters
Jody McKnight, founder of Mount Pleasant, South Carolina-based McKnight Law Firm, says that filing a police report is a way for motorists, especially those who likely did not cause an accident, to protect themselves and boost the odds of receiving fair compensation from an insurance claim.
McKnight says that police officers, once they arrive at an accident scene, will gather information from both drivers and any witnesses and put that information into a written report. The insurance companies processing the accident claim can use this information as they begin the process of determining which insurer or insurers will pay out to cover repairs.
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Having the police show up at the scene makes the insurance claims process easier with all of the information set forth in a collision report, McKnight says.
If you dont wait to file a police report, you could even be opening yourself up to a con. Say you and the other driver swap insurance and contact information and agree to both drive away from the scene. McKnight asks an interesting question: What if the driver who was the cause of the accident provides incorrect contact and insurance information? You might then be left with no way to contact this driver or his or her insurer.
And thats only one possible negative outcome, McKnight says.
How Long Do You Have To Report A Car Accident
Home » FAQs » Car Accidents » How Long Do You Have to Report a Car Accident?
Georgia law requires all car accidents to be reported immediately to law enforcement by dialing 911 after the crash. Most cities in Georgia and nearly all insurance carriers require that you contact the police right away. Likewise, you will need to call the authorities if someone is injured or killed, or if the property damage exceeds $500.
Reporting a crash to the police is the first step. After that, you will need to work with insurance companies or the courts to pursue a claim for reimbursement. Waiting to notify the police or file your claim can have serious consequences and weaken your case to receive full compensation.
The car accident and motorcycle accident lawyers at John Foy & Associates are ready to help you understand how long you have to report a car accident and the complicated system around filing an accident claim.
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When Should You Report A Car Accident
Its always a good idea to call the police immediately after a car accident so that theres a professional on the scene to facilitate the exchange of information and make an official report of the incident with both parties on the record, if possible. Even if you dont think youve been injured, and even if it looks as if theres no damage to your car, you never know what after effects will surface later on.
When Are You Required To Contact The Police After A Car Accident
Under California law:
- You’re required to stop at the scene of an auto collision and give reasonable assistance to anyone who was injured.
- If you were involved in the collision, you must call the police to the scene, and make an accident report within 24 hours if the crash resulted in someones injury or death.
- It’s also necessary to report your accident to the Department of Motor Vehicles within 10 days if it involved injuries or fatalities, or property damage of $1,000 or more.
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Do You Have To Wait For Police After Car Accident Texas
If you have been involved in a vehicle accident and there is no one injured, you should not put your vehicle in drive. If you can drive a vehicle, you must move it out of the flow of traffic as soon as possible. If the vehicle has been damaged, please contact us so that we can repair it. If someone is injured, they should be treated and reported to law enforcement.
Failing To Report All Injuries To The Doctors As Soon As Possible
It is very common to first notice pain or soreness days, sometimes weeks, after an accident. This is not “shady,” this is normal. Many times, it just takes time for the adrenaline to subside, for inflammation to develop, and for the pain to set-in. Or, sometimes another body part is excruciating, such as your knee, so you don’t really notice or care about the pain in another body part, such as your lower back. Well, once that knee heals, you then start to notice how sore your lower back feels. This could be weeks later, and then you mention it to your doctor. The insurance companies will always attack this delay in reporting, and they will argue that you are just trying to “game” the system, and raise the value of your claim by “making up” additional symptoms later on. So, make sure you report all of your injuries as soon as you can.
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Auto Insurance Laws In Connecticut
The states compulsory minimum insurance laws include the following liability coverage:
- $20,000 in liability coverage for one person is killed or injured
- $40,000 in liability coverage if more than one person is killed or injured
- $10,000 in liability coverage in property damage
- $20,000 in liability coverage per person
- $40,000 in liability coverage per accident in uninsured or underinsured auto insurance coverage
Need Help After A Car Accident Contact Us For A Free Consultation
It is in your best interest to report a car accident to the police as soon as possible. Ideally you will be able to call 911 from the scene of the crash and speak to the officer when he or she arrives. However, if you have been seriously injured, it may not be possible to report the accident to the police immediately.
OConnor & Partners, PLLC can help you protect your rights and take the necessary steps after a car accident. Our lawyers have more than 150 years of combined experience representing injured people.
Please call today for a free case review. Our car accident lawyers serve clients in Kingston, Poughkeepsie, Newburgh, and other areas of New York.
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What Does The Law Require
First, the law does not mandate that either motorist involved in an accident speak with the officers at the scene. However, you shouldnt be completely non-respondent to the officers by refusing to talk with them. Motorists should comply with the officers request to show them their license, insurance and registration. Those who do not comply with this request could face criminal charges or even be arrested.
You Do Not Have To Notify The Other Drivers Carrier
You might have legal or contractual obligations to notify the police or your insurance provider. That said, you are never under any obligation to speak to the other drivers insurance company or notify them of the accident.
In fact, talking to the other driver or the insurance company about your accident is a risk you do not need to take, as your words could be taken out of context to seem as if you accepted liability for a crash. To protect your case, avoid discussing your accident with anyone but your attorney.
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Do I Have To Call The Police For A Car Accident In New York
When you are involved in a car accident, there are some steps you should always try to take at the scene of the collision. There are also steps that you are legally required to take in some cases. One of these steps is calling the police.
While you arent always required to call the police from the scene of an accident in New York, if you are required to call the police and fail to do so, you can potentially face steep penalties. A car accident lawyer can help you protect your rights and advise you how to proceed after a crash.
The Other Driver Might Not Cooperate
If the accident is minor, you and the other driver might decide to exchange phone numbers and insurance information and work things out on your own rather than calling the police.
Keep in mind you probably do not know this person, and as friendly and cooperative as they might appear at the scene, it is difficult to ascertain what their true motives are. Particularly if they were at fault for the crash, it is not out of the realm of possibilities that they might play nice at the scene to convince you not to have the police write an official report, then deny all responsibility later.
If you have any doubt, get the police involved. They can write up an official accident report, removing the need to trust that the other driver is being honest and up-front with you.
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Things You Need To Do After A Car Accident In Virginia
Over 125,000 car accidents occur each year in Virginia. Fortunately, most of them involve only property damage damage to the vehicle as opposed to the occupants. But one in three accidents involve personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries.
If you are involved in an automobile accident in Virginia, there are certain things you can do to protect yourself and your interests. The following is a list of the top ten things you should do if you are in an automobile accident:
1. STOP. Never drive away from the scene of an accident, even a minor one.
2. PROTECT THE SCENE. You can prevent further accidents by setting up flares, or keeping your flashers on. If it is dark and your lights dont work, you should have a flashlight to keep you safe while you wait in your disabled car or by the side of the road.
3. CALL THE POLICE. Even if there are no serious injuries, it is a good idea to call the police. You may need a police report to file a claim with your insurance company, even if it is just to make a claim for damage to your vehicle. The vehicles involved in the accident should remain where they are, unless they interfere with traffic.
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You Should Also Be Aware
Vehicle collisions resulting only in property damage are not required to be reported to the police. You are only responsible for exchanging your driver’s license information, insurance, and vehicle registration with all other motorists. For insurance purposes, a Report of Motor Vehicle Accident should be filed with the Department of Motor Vehicles. This form can be found online at dmv.ny.gov/forms/mv104.pdf, or at your local precinct or police service area.
Leaving the scene of a collision before exchanging your information with other motorists is illegal under the New York State Vehicle and Traffic Law. Furthermore, you are required to remain on the scene and contact the police immediately after a vehicle collision when:
- Any person is injured or killed
- A domestic animal is injured or killed or,
- A parked vehicle, or any other property is damaged, and the owner cannot be located.
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The Law Might Require You To Call The Police
This is not a complete list of the laws and considerations, but it is important food for thought. If you strike or injure a person in an accident you are required to call the police immediately pursuant to R.I.G.L. § 31-26-3.
You need to immediately notify the police if you are involved in an accident resulting in injury or death to a person, or if any vehicle is damaged enough to prevent normal and safe operation. R.I.G.L. § 31-26-3.2.
You must immediately notify the police if you are involved in an accident with a bicyclist. R.I.G.L. § 31-26-3.3.
If you injure a domestic animal , you have to give immediate notice of the accident to the owner of the animal if known or the police pursuant to R.I.G.L. § 31-26-3.1.
Settling A Motor Vehicle Accident In Connecticut
Even though only a few cases go to trial such as the ones where the driver is at fault, most drivers involved in a motor vehicle accident in the state prefer to settle it out of court. It can take several years for an auto car accident to conclude and can cause significant emotional trauma and financial loss for those involved with the person losing the case experiencing a much bigger loss.
Therefore, settling out of court has become the preferred option for most people involved in an auto car accident, as it saves them money on legal fees. Once the two parties involved in a car accident decide to drop the lawsuit and settle on a mutually agreed amount, they put the terms into writing to make it official.
The state does not require either party to arrange settlement conferences or use other substitutes to litigation, but either driver involved in the auto accident can submit a request for a judge to help them settle the accident without going to trial. An attorney can also help the drivers come to a resolution by discussing other settlement options with you and the other driver.
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Has There Been A Motor Vehicle Violation
If you feel that the other driver has committed a motor vehicle violation but doesn’t want you to call the police, ignore him or her and make the call. They might argue that if no one is hurt in the accident, all that’s needed is an exchange of insurance and personal information. Often times all parties at an accident scene appear to agree about the facts then later change their minds.
When To Move Your Vehicle
If you are in a collision and no one is hurt, don’t wait for the police before moving your vehicle. If you can drive the vehicle, the law requires you to move it out of the flow of traffic.
If there is damage to the vehicle, stop and exchange information. If someone is hurt, render aid and notify law enforcement. If you hit an unattended vehicle, find the driver or write your name and address on a note explaining what happened. You must also include the owner’s name and address if the vehicle you are driving doesn’t belong to you.
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