What If There’s No Car Accident Police Report After a Crash?
What happens if I crash and there’s no car accident police report? It’s important to understand that a police report is not the only way to prove that the accident occurred, that the other party was at fault, and that you suffered damages and injuries. Collecting evidence such as photos and videos of the accident, witness statements, your own medical records (including following through with treatment), damage evaluations, and more can be equally important.
It’s also essential to note that not every accident requires a car accident police report from authorities. A police accident report is typically required if certain conditions are met:
- There was a fatality.
- There were serious injuries.
- Property damage or vehicle damage exceeded $500.
There are several scenarios where, at the time of an accident, the police may not prepare a report. What can be done? Can a claim be filed without an official report? Why might the police not prepare a report? What happens if the report doesn’t accurately reflect what happened?
We’ll explore the answers to these and other questions in the following article. In any case, if you were injured in a car accident, we recommend seeking the assistance of a car accident lawyer in California who can guide you on the police report process and all the steps needed to maximize your compensation.
What Happens if I Crash and There’s No Car Accident Police Report in California: Situations and Solutions
What Happens If the Police Never Arrive at the Accident Scene?
If the police fail to draft a report about your accident, you may face challenges with your insurance company. A police report certifies that the damages to your vehicle were the result of a traffic accident, helps establish liability, and assesses material and personal damages.
Keep in mind that no police report will be made if no one calls them. Therefore, as a general rule, it’s recommended to call 911 whenever an accident occurs, especially if the criteria mentioned above are met. This is the most effective way to ensure that an officer comes to the accident scene, investigates the facts, and prepares the relevant report.
If you call 911 and officers still do not arrive, at the very least, there will be a record that you made the call. It’s also important to follow standard steps that are always recommended in case of an accident:
- Exchange insurance information with the other driver (taking a photo of the card is best).
- Take pictures of the accident scene, including damages and any injuries sustained.
- Record witness testimonies on video and request their contact information.
- Note the time and date of the incident.
- Record other details like whether it was raining, nighttime, or any other relevant factors.
- Document the incident in writing or on video, describing your version of how the accident happened.
- Schedule a medical check-up, especially if you experience even minor discomfort.
- Contact a personal injury attorney.
Why Does the Police Sometimes Fail to File a Report?
In some states, police authorities are not legally obligated to document every traffic accident that occurs. Many accidents result in minimal property damage and no visible injuries. The decision to file a police report is left to the officer’s discretion.
It can also happen that, unfortunately, some officers do not thoroughly investigate the cause of an accident for various reasons. Sometimes, they avoid additional paperwork due to the end of their shift or other responsibilities requiring immediate attention.
If the police fail to create a report and you encounter issues with your insurance claim for personal injuries, the guidance of an attorney can be incredibly helpful in gathering the necessary evidence to win your case, even without a police report.
What if the Other Driver Refuses to Wait for the Police?
Even if the police are called, they may take too long to arrive or fail to show up altogether. In such cases, the other driver might pressure you to leave the scene without involving authorities. If the other driver refuses to wait and there’s no way to keep them at the scene, you can:
- Ask the person to make a video or written statement.
- If written, ensure it is signed and dated.
- In the statement, the person should detail how the accident happened and acknowledge responsibility.
As in any accident, it’s crucial to document the scene. Take photos and videos, especially if the other driver refuses to wait for the police. Capture images of the other driver, their insurance card, and their vehicle (including the license plate). The more documentation you gather, the easier it will be to resolve the case.
The Police Report Is Inaccurate. What Can Be Done?
If you find discrepancies in the police report, you have the right to contest it and present evidence to the relevant authority. If you believe the report contains errors or inaccurate information, gather all relevant evidence supporting your version of events, such as photos, videos, witness testimonies, and related documents.
Sometimes, police reports may contain factual errors, such as misspelled names of drivers, incorrect driver’s license or insurance details, wrong vehicle models, or inaccurate descriptions of the incident’s location.
These errors can be corrected by submitting proof of the correct information, such as vehicle records, driver’s licenses, or insurance documents, to the police agency responsible for the report.
Transcription errors may arise from discrepancies between what was told to officers and what was recorded in the report or when relevant information is omitted. Correcting these errors can be crucial to your future compensation if the omission affects your claim.
Keep in mind that the process for disputing a police report can vary by jurisdiction, so it’s recommended to consult local authorities or an attorney to get specific information on how to proceed.
When police reports contain disputable or subjective errors, challenging them may be more difficult, as it often involves disagreements over the accounts or conclusions presented in the report. In such cases, you can contact the police agency responsible for the report, raise your concerns, and request a correction. If your request is denied, you may draft and file an addendum to the report to include your comments along with the original.
Additionally, consulting with a personal injury attorney or traffic case specialist can be helpful to explore your options and receive appropriate legal advice.
Can I File a Claim Without a Car Accident Police Report?
Although it’s not ideal, it is possible to file an accident claim without a car accident police report. An insurance company cannot reject your claim solely because the report is missing. However, the absence of this documentation might limit the objectivity of the case and reduce it to a debate of versions. A police report provides a neutral perspective that can clearly establish liability.
While you don’t need a police report, having one can expedite the claims process. Without it, proving your version of events can be challenging, and the insurer may be less willing to cover the full extent of your claim.
A police report supports your claim, especially if you assert that the other party is at fault. This document provides details about how the accident occurred, who the police identified as responsible, visible damages to the vehicles and injuries suffered by those involved.
A Car Accident Lawyer Who Can (Really) Help You
We understand how stressful it can be to go through such an unpleasant situation as a car accident. It can fill your mind with doubts, questions, and fears. If you’ve been in an accident and want to claim compensation, call My Lawyer Mark at (866) 721-5808 for a free consultation, 100% in Spanish.
If you need your police accident report and don’t know how to obtain it, or you can’t go to the corresponding office, you can request your California accident police report online.