Why You Should File a Police Report After Your Auto Accident
Police reports are considered unbiased reports of a motor vehicle collision, which is what makes them valuable when used as evidence in a car accident claim. In California, motorists must file a police report within 24 hours if they were involved in a collision that resulted in death or injury. While an insurance claim can proceed without a police report, providing a copy of this report can help to speed up the claims process and strengthen your claim.
Am I Required By Law to File a Police Report in California?
California vehicle code requirements include:
If you were involved in an automobile accident that resulted in an injury, or death, you must file a police report with the California Highway Patrol or local law enforcement agency within 24 hours following the accident.
If you are unable to file a police report, any passengers in the vehicle at that time must do so.
What Are the Benefits of Obtaining a Copy of My Police Report?
While you may not think filing a police report is necessary after a minor accident, doing so can help strengthen your claim in many ways, such as:
- When an auto accident claim is filed, an insurance company wants to know which party was at fault to determine whose insurance will cover the accident-related damages. Police reports detail the events that led up to an accident, what caused the accident, and include whether a driver received a citation and the officer's opinion regarding who was at fault.
- Police reports can include eyewitness testimony regarding what caused the accident and which party may be at fault.
- A police report can help legitimize a claim if you suffered injuries. A description of any injuries will be included in the crash report.
- A police officer will also document any vehicle damage, linking the vehicle damage to the accident.
- The report will also include any statements made by the other driver at the time of the accident. If the driver admits fault or apologizes for the collision, the responding police officer will document this information in the report.
Filing a Claim Without a Police Report
Even if you didn't contact the police at the scene of the accident, you will still need to file a claim with the other driver's insurance company, in addition to contacting your own insurance company to report the collision.
You must report your accident to your insurer within 48-72 hours following the collision. Your insurer can help you file a claim with the other driver's insurance provider, or you can file a claim on your own. If you sustained injuries, property damage, and other losses, you should contact a car accident lawyer as soon as possible. A car accident lawyer can handle every aspect of your claim, including filing paperwork and dealing with the other party's insurer.
Can a Police Report Be Used as Evidence?
While a police report cannot be used as evidence if you decide to file a personal injury lawsuit, it can be used as evidence by your attorney and the insurance company, when negotiating an accident settlement.
A claims adjuster and attorney will both view a police report as an unbiased account of the accident. Keep in mind that even if the police officer who filed the report felt that you were responsible for the collision, you may still be entitled to compensation for accident-related damages.
If liability is disputed, hiring a car accident lawyer can be invaluable during this challenging time. They will investigate the accident, obtain evidence, including a copy of the police report, and build a strong case that can prove the other driver was negligent.
Contact Us Today!
If you were involved in an auto accident that was caused by a negligent motorist, contact the auto accident lawyers at MVP Accident Attorneys today to schedule a free, no-obligation consultation. Our accident attorneys have extensive experience handling complex auto accident claims and know how to build a strong case that can help you recover compensation for your medical bills, lost wages, property damage, and more.
Author
Brett Sachs
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
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