According to the Department of the California Highway Patrol, you should call the authorities immediately following an automobile accident to document the event. So, what happens if you’re missing a police report for an auto insurance claim? This important piece of information is vital to making sure that your insurance claim is processed quickly and seamlessly. The Law Offices of Jacob Emrani has some information about police reports and the role they play when filing an auto insurance claim after an accident.
Role of a Police Report in an Auto Accident Claim
Getting a police report is a vital part of providing important documentation when filing an auto accident claim.
- A report may establish fault: In many cases, police reports include information about who may be at fault, based on the officer’s observations, witness statements, and any evidence collected at the scene of the accident.
- Provides documentation: A police report includes important details like the date, time, location, and weather conditions at the time of the accident as well as information about the vehicles involved, passenger information, and any damage to the vehicle or vehicles.
- Speeds up the claims process: Providing a police report may help to speed up the claims process with your auto insurance company, since it gives the adjuster an official record of what happened that they can use to further assess damages, leading to a faster resolution.
- It supports legal action: If legal action, like a personal injury claim, is necessary, the police report serves as evidence and may help to support your claim if the case goes to trial
Will Your Claim Be Denied Without a Police Report?
In some cases, you can still file a claim without the report. However, you’ll need to provide strong evidence and other forms of documentation without it. This may include things like videos or photographs of the accident scene and the vehicles involved, written witness statements, applicable medical bills and medical records, and vehicle repair records. Without a police report, you could be vulnerable to facing more pushback and further disputes from the insurance company and the other party.
Challenges of a Missing Police Report
Here are some of the challenges you may face when filing an auto insurance claim without a police report.
- More difficult to pursue legal action: It’s much more difficult to file charges against the other party or file a civil lawsuit for damages without having an official police report.
- Insurance claim challenges: Most auto insurance companies require a police report to process claims, especially when they’re related to accidents or property damage, and without one, your claim could take longer to be approved or may be denied altogether.
- It’s harder to prove fault: If you don’t have a police report in hand, it’s much more difficult to prove who was at fault because you won’t have an objective or official account of what happened.
- Missing evidence: In certain cases, a judge may require the plaintiff to provide an official police report as evidence if they want to pursue legal action against the other party involved in the accident.
What to Do if You Don’t Have a Police Report
Can you claim an accident without a police report? If you don’t have a police report for your accident, make sure you take the following steps to help get your claim approved.
- Step one: Take as many videos and photos of the accident scene as possible, including the location and damage to all of the vehicles involved.
- Step two: If there were any witnesses, ask them to provide a written statement of what they saw and include their names and contact information.
- Step three: Even if you don’t think you’re hurt, it’s advised to seek medical attention in case you want to pursue legal action and seek compensation for damages later.
- Step four: Notify your insurance company about the accident as soon as possible, and try to file a report with the Department of Motor Vehicles using the SR-1 form so you have a record.
When Filing a Police Report Is Legally Required
Drivers in California are legally required to report car accidents to the DMV if the accident results in death, injury, or property damage exceeding $1,000. A police report is not mandatory in every accident, but getting one is highly recommended. Here are other examples of when filing a police report is legally required in California.
- Hit-and-run accidents: Any accident involving a hit-and-run must be reported to the police.
- Accidents involving animals: Accidents that involve the injury or death of an animal should always be reported to the police.
- Parked vehicles: Automobile accidents involving parked vehicles or damage to property (like fences, buildings, walls, etc.) must be reported to the police.
Importance of Timeliness
Getting a police report as promptly as possible is important, especially when filing an auto insurance claim.
- California law states that drivers or their representatives must file a written report with the California Highway Patrol or local police within 24 hours if the accident results in death, injury, or property damage of more than $1,000.
- Vehicle accidents must also be reported to the California DMV using Form SR-1 within 10 days of the accident, regardless of who was at fault.
- Those who don’t adhere to reporting requirements may face fines, license suspension, or potential criminal charges.
- Insurance companies prefer to have timely police reports to help them expedite auto accident claims.
- Obtaining a police report as soon as possible after an accident protects your rights and serves as official evidence if you plan to take your claim to court or sue the at-fault party for damages.
Contact The Law Offices of Jacob Emrani Today
At the Law Offices of Jacob Emrani, we strive to provide clients in California who have suffered some type of personal injury with the highest quality legal representation. Whether it’s a bus accident, automobile accident, truck accident, or other type of accident, our law firm is here to help you win your case. To get started, call (888) 912-7115 to set up your no-cost case evaluation today!