You should always report a car accident as soon as possible, as there is typically a time limit for when you can request a police report. Not only does your insurance company require a car accident report to approve a claim, but there may be legal consequences for not reporting, including fines.
Every state has different laws and deadlines for reporting car accidents, and insurance companies will also have their own time limits. In this article, we will discuss the importance of filing a police report, statutes of limitations by state, and how to make an insurance claim.
Why Reporting a Car Accident Is Important
Failing to report a car accident can have legal and financial consequences. Insurance providers will usually require an accident report to approve a car insurance claim, and they may deny your claim if you do not report immediately.
If anyone is seriously injured or there is significant property damage, you may face fines or jail time for fleeing an accident scene without notifying the police. You may also face a personal injury lawsuit if you don’t report it because there will be no proof that you are not the responsible party.
Legal Time Limits to Report a Car Accident
States have strict time limits for reporting accidents. Some states require you to report a car accident immediately, while others have more flexibility. Several factors can determine how long you have to report crashes, including how much damage there was and if anyone was injured.
Working with an attorney after a car accident is essential, as they will be familiar with state laws and will ensure that you file claims in time.
State Laws on Reporting a Car Accident
The answer to “How long do you have to report a car accident?” varies greatly depending on your state’s laws. Some states require you to report accidents immediately; others have a specified window. Regardless of state laws, reporting immediately is in your best interest, particularly if you were not responsible for the crash.
In Illinois, you are required to report a car accident to law enforcement if it results in injury, death, or property damage exceeding $1,500. If the other driver is uninsured, the threshold for reporting property damage is lowered to $500.
The report must be filed with local law enforcement immediately. Additionally, you must submit a written accident report to the Illinois Department of Transportation (IDOT) within 10 days if required by law. Failing to report may result in fines, suspension of your driving privileges, or other penalties.
Reporting Requirements in Other No-Fault States
A no-fault state requires you to file a claim with your insurance company. These states allow you to purchase Personal Injury Protection (PIP), which will cover medical bills and lost wages for you and your passengers if you are in a car accident. You do not need uninsured motorist coverage because everyone files with their insurance.
In these states, you must still make police reports for accidents that cause injury, death, or vehicle damage over $1,000. If you’re claiming your insurance coverage, many insurance companies will require a report in a short period, such as 24 hours.
Immediate Reporting vs. Delayed Reporting
You should report an accident as soon as possible for legal and financial reasons. Delayed reporting can lead to significant consequences depending on the severity of the car accident. Taking legal action right away can also speed up the claim process.
If someone is seriously injured in an accident and you don’t file a police report within the required timeframe, you could face fines or a felony conviction, as it is considered fleeing the scene of the crime.
Even if there are no deaths or serious injuries, your insurance provider may refuse to pay for car accident claims that were not submitted promptly, meaning you’ll be responsible for paying all your expenses.
When Should You Report the Accident to the Police
In most states, you are required to file a police report if any of the parties involved are seriously injured or die. You are also usually required to contact the police for significant property damage. Because repair costs aren’t always evident upon immediate inspection, it’s usually a good idea to report just in case the car repairs are more expensive than you assume.
What Happens if You Don’t Report an Accident
There can be severe consequences for not reporting a car accident. Legally, these can include having your driver’s license suspended, receiving hefty fines, or going to jail. If a passenger or driver involved ends up dying, this could be considered manslaughter.
Accident reports are an essential part of the insurance claims process. Your insurance agent may deny a claim submitted without a police report, making it crucial to contact the authorities immediately.
You may also be a personal injury lawsuit defendant if you don’t report an accident, even if you are not the at-fault driver. Crash reports and witness statements determine liability, but if the police were not there to take a report, the other party may claim you were responsible when they file.
This can be especially dangerous if you are an uninsured driver because you will be responsible for paying all damages yourself.
What to Do Immediately After a Car Accident
You should get to a safe place at the accident scene and check yourself for injuries. Call 911 if anyone is seriously injured or the non-emergency line if no one has significant injuries.
While at the scene, exchange information with other drivers and gather evidence, such as photos and witness statements. Once you have spoken to the police, go to the hospital to check for any personal injuries, then call an auto accident lawyer.
Documenting the Scene of the Accident
While at the accident scene, you should take pictures of your injuries and any damage to either vehicle. These photos do not just prove that you were injured, but investigators can also use them to identify who the at-fault party may be.
You will also want to jot down notes about what happened before the accident and gather statements from everyone there, including the other driver, passengers, and pedestrians. Get their contact information so that your personal injury lawyer can contact them later for further information.
Gathering Information from the Other Driver
You will need the other driver’s contact details, insurance information, and vehicle registration number, as this will allow you to submit a claim. If the driver flees the scene, write down any identifying information you remember about the car, such as the make and model, to give to the police.
When Should You Report the Accident to Your Insurance Company
Most insurers will require that you report the accident within 24 to 48 hours, though there may be time extensions if you are incapacitated. Even if they have more relaxed guidelines, you should report immediately.
Impact of Delayed Reporting on Your Insurance Claim
Failing to report a recent accident can make it difficult to seek compensation, as the insurer may deny your claim based on missing deadlines. Waiting to file a claim can also mean it takes longer for the insurance company to investigate the accident and pay your claim, forcing you to pay medical expenses upfront while waiting for reimbursement.
Can Your Insurance Deny Coverage if You Report Late?
The insurance provider can deny coverage or reduce your potential compensation if you do not report an accident within their stated deadlines. The insurance company may argue that the accident was not as severe as you said if you don’t have evidence to support your claim. Your policy should list how long you must report an accident to your insurance.
Reporting a Car Accident When There Are Injuries
Any accident that results in injuries should be immediately reported, as there can be legal consequences for failing to report, depending on how severe the injuries are. The insurance company can argue that the injuries were unrelated to the crash, and you can be legally liable if you don’t report.
What to Do if You’re Injured in a Car Accident
If you are injured in a motor vehicle accident, seek medical attention immediately. You may have severe injuries and not realize it due to shock, which could result in significant complications later on. Additionally, medical reports from shortly after the accident prove to your insurance company that your injuries are due to the crash, which can support your insurance claim.
Statute of Limitations for Car Accident Lawsuits
The statute of limitations is how long you have to file a lawsuit after an accident. Every state has a different statute of limitations for personal injury cases, which can range from 1 year to 6 years. Working with a lawyer ensures you don’t miss these important deadlines, as they can quickly investigate the accident and file paperwork.
How the Statute of Limitations Affects Reporting Time
While the statute of limitations determines how long you have to file a lawsuit, your state will also have a deadline for reporting to the authorities. If you miss this deadline, you may be unable to file a lawsuit even if the statute of limitations is still active.
You should contact a lawyer familiar with your particular state’s laws to ensure you don’t miss any important deadlines, including the statute of limitations.
Reporting a Car Accident to the DMV
All states require a report to the DMV if anyone is seriously injured or dies, but they have different deadlines. The shortest deadlines, like in Georgia, is immediately, while Alabama gives you 30 days. Check with your state’s laws and try to report as soon as possible.
When Is Reporting to the DMV Required
Every state requires you to report an accident to the Department of Motor Vehicles, also called the Bureau of Motor Vehicles in some states, if anyone is injured or killed. They may also require a report if the vehicle damage is above a certain dollar amount.
For example, the District of Columbia requires reporting for damage above $250, while Nevada requires all accidents, regardless of whether there was any damage, to be reported immediately.
Filing a Report for a Hit-and-Run Accident
You should always file a report for a hit-and-run accident, as you may otherwise be held responsible for any injuries. Because you can’t exchange insurance information, you may also be responsible for all damages to your vehicle. Stay on the scene and call the police immediately, providing all the details you can about the make and model of the car.
Legal Consequences for Not Reporting a Hit-and-Run Accident
In most states, there are severe penalties for leaving the scene of an accident, including loss of driving privileges, significant fines, and felony charges if there are serious injuries. For example, in Illinois, if you leave the scene of the accident and someone dies, you could face up to 15 years in prison, a $25,000 fine, and suspension of your license.
If you’re the victim of a hit-and-run but don’t report it, you could also face fines or jail time. For example, in Ohio, a fit-and-run is a misdemeanor resulting in up to 6 months in jail and a $1,000 fine.
How a Personal Injury Attorney Can Help with Reporting a Car Accident
An attorney is a valuable ally while going through the car accident reporting process and navigating auto insurance claims. Lawyers protect your rights and help you decide whether to negotiate with insurance or file a lawsuit.
They are beneficial if there were significant injuries in the car crash, as they can help prove that the other driver’s negligence caused the accident.
What to Expect When Working with a Car Accident Lawyer
A lawyer’s role is to help you get compensation through an insurance policy or lawsuit. They will investigate how the accident occurred and who was responsible, giving you a better chance of compensation. Additionally, they will gather the evidence to support your claim, including medical records, eyewitness statements, and expert testimony.
Lawyers will guide you through negotiating with insurance and ensure all legal filings are done according to local laws.
Secure Expert Legal Counsel!
Unfortunately, safe driving habits do not always protect you from accidents. However, you can protect your legal rights by reporting all accidents to the police immediately.
The timeline for reporting accidents depends on your state laws, but you should always report as soon as possible. Failure to report can have serious consequences, including fines, denied claims, and even felony charges.
If you have any questions about dealing with insurance or how to report a crash, contact Rosenfeld Injury Lawyers at (888) 424-5757 or fill out our online form to book a free consultation with a Chicago car crash lawyer.