In 2022, over 5.9 million car accidents were reported to the police in the United States [1]. When a minor accident occurs, victims may feel that calling law enforcement is a hassle, only to find that filing an insurance claim without a police report is difficult and frustrating.
While it may still be possible to file a car accident claim without police reports, the claims process becomes more challenging. If you did not get an accident report, an experienced car accident attorney can help you negotiate with the insurance company so you can receive compensation.
The Role of Police Reports in Insurance Claims
Police reports provide clear evidence that the accident occurred, which is crucial for a car insurance claim. The insurance adjuster can use them to determine liability and may refuse to review an accident claim without a police report, making it vital to contact a police station immediately after an accident.
Evidence of the Accident
At the accident scene, police officers create a report that includes the time, date, location, vehicle details, and road conditions.
The officer will interview every party involved to obtain witness statements and create a picture showing how the accident happened, such as a t-bone crash at an intersection. They also note license plates, registration status, insurance details, and whether they suspect negligence or intoxication.
Some of the critical elements of a police report include the property damage and injuries sustained in the crash.
If you’re hurt in an auto accident, the police officer will mention what hospital you went to, providing a clear connection between your medical reports and the accident. The report will also include any visible damage to the vehicles involved, like cracked windshields, broken lights, or damaged bumpers.
Determining Fault
When determining liability, insurance agents combine police reports with other evidence, like skid marks, surveillance footage, and time-stamped photos. The insurance provider may also contact the police officer on the report to ask for more details.
In certain circumstances, such as the other driver running a red light, liability is clear-cut, but sometimes, it’s not immediately apparent who is to blame.
For example, if a collision happened on a rural road, there may be no eyewitness testimony or surveillance footage. The police report becomes one of the only ways to prove liability, as the other party will try to claim the crash was your fault.
Insurance Company Requirements
Most insurance claims for a minor crash don’t require a police report, especially as police officers may not respond to accidents on private property.
For example, if you crashed into your garage door, you would likely not have to file a police report to get insurance compensation. Because parking lots for stores are privately owned, the police may not get involved in a parking lot accident.
However, an insurance claim for serious personal injury or significant car damage will require a police report because insurance companies want to avoid paying large claims. If you try to file a large insurance claim without a police report, the insurance company may argue that you didn’t feel it was important enough to call the police, so you must have suffered only minor damage.
Filing an Insurance Claim Without a Police Report
It is possible to file an insurance claim without a police report, but you will want to have as much evidence as possible that supports your case. Working with car accident attorneys can also be helpful, as they will negotiate with the insurer on your behalf.
Alternative Evidence
Collecting evidence of an accident is important in every car accident case, but it is especially crucial when you file a claim without a police report. Potential evidence can include witness statements, medical records, and accident scene photos.
Insurance Company Requirements
Every company’s policy differs, so you must review the insurance information with your attorney to determine what evidence they accept. Here are some examples of different company policies on whether you need a police report.
- Allstate – When filing a car accident claim with Allstate, you will need to provide a police report for all accidents. Their guide to filing a claim specifically notes this requirement as part of the claims process.
- American Family Insurance – Filing an American Family Insurance auto accident claim is more flexible, as they do not require a police report. Instead, you’ll need to gather photos, statements from everyone involved, eyewitness accounts, and details on weather and road conditions.
- Farmers Insurance – When filing a Farmers Insurance car crash claim, a police report is not always necessary. However, for hit-and-run accidents, they may not accept your claim without one, so it’s advisable to have a report if possible.
- Geico – When filing a Geico auto insurance claim, a police report is needed depending on your state’s laws. If your state mandates calling the police for accidents with a certain dollar amount of damage, Geico will also require a police report as part of your claim submission.
- Liberty Mutual – Filing an auto accident claim with Liberty Mutual involves adhering to state-specific guidelines. If a police report is necessary in your state, they’ll ask for it. Otherwise, detailed photos and statements from all parties will suffice.
- Progressive – When filing a car accident claim with Progressive, a police report is not required for minor accidents. Since the legal definition of a minor accident varies by state, check your state’s laws to confirm how much damage qualifies as minor.
- State Farm – When filing a car accident claim with State Farm, they encourage you to call the police even for minor accidents. They emphasize that a police report is an invaluable part of the claims process and can help expedite your claim.
- USAA Insurance – When filing an auto accident claim with USAA, a police report is optional but highly recommended for accidents involving injuries. While not mandatory, having a report can simplify the claims process.
Potential Challenges
Filing claims without a police report can make it difficult to seek compensation, especially if you were in a hit-and-run and could not exchange information with the other driver. Some insurance companies may not accept a claim without a report in some circumstances, such as if state law mandates a report.
Because the police report includes important information about how accidents happen, it serves as an easy way for an adjuster to verify the details. Even if the insurance provider processes your claim, it may take longer, as the adjusters will need to investigate the accident themselves.
The Importance of Legal Representation
Regardless of whether you get a police report after a car accident, you should always contact an attorney for a free case evaluation. A car accident law firm can help protect your legal rights and help you file a car insurance claim, simplifying the process as you recover.
Legal Expertise
Every insurance policy is different. Lawyers are familiar with these policies and can help translate the complex legal language so you know your rights and obligations.
Lawyers will ensure that all paperwork is filed correctly and on time, avoiding delays in receiving compensation. A claim can require many forms of evidence that must be presented in certain ways, which attorneys can organize on your behalf. Additionally, they can submit a demand letter that will convince the insurance company to act quickly.
Law firms can usually settle with insurance companies out of court. However, taking a case to trial is sometimes necessary because the company refuses to pay a fair settlement. A lawyer will help you navigate the legal system, including gathering evidence, taking depositions, and attending hearings.
Negotiation Skills
While a minor accident may not be disputed, and the insurer will reimburse you quickly, a large or complicated case may require some negotiation. Personal injury attorneys are trained in negotiation and will convincingly apply the evidence, demonstrating to insurance companies why you deserve compensation.
The average person isn’t always familiar with what a fair settlement looks like for a car accident. Insurance companies know this and use this lack of knowledge to their advantage, lowballing consumers. Because lawyers are familiar with typical payouts for accidents like yours, they will ensure that the company doesn’t undervalue your injuries.
Another reason lawyers are invaluable is that they can consult with doctors about what type of ongoing care you may need. They will push for these future expenses to be included in your settlement, ensuring you have the necessary funds to recover comfortably.
Building a Strong Case
Working with a car accident attorney is especially important if you did not file a police report. In these cases, it often becomes a “he said, she said” situation, where both parties blame one another for the crash.
Lawyers will use ample evidence to show why you were not the at-fault party and deserve compensation. This evidence includes information that may not be available to the average person, such as access to experts who can provide their impartial opinion about the accident.
For example, attorneys may consult with physicians, who will provide their testimony about how your injuries match your narrative of events. They may also work with a crash reconstruction team to simulate how the crash happened, proving that you weren’t liable.
A successful claim includes many moving parts. Lawyers will organize and orchestrate this process so that you can focus on healing instead of worrying about submitting paperwork.
Secure Expert Legal Counsel!
While police reports are not always necessary for insurance claims, they can strengthen your case and speed up the process. If you cannot contact the police after a car accident, it’s still possible to submit a claim, but you may face additional challenges. A lawyer can help you navigate the insurance system and give you the best chance of receiving fair compensation.
At Rosenfeld Injury Lawyers, our Chicago car accident lawyers have recovered millions in damages for clients, advocating for their rights and helping them explore their legal options.
To schedule a free consultation with a Chicago car insurance claim attorney, call (888) 424-5757 or use our online contact form.
References: [1] NHTSA