There is no legal requirement to have a police report to file an insurance claim after a car wreck, but without reporting the accident to the police, you may have a more difficult time proving fault in your car accident claim.
Your Marietta car accident attorney can still gather the information and evidence they need to build a solid insurance claim without a police report, but the process will likely take more time and require more documentation to support your claim.
Can you file an insurance claim without a police report?
Yes, you can file a claim with the other driver’s insurance company to cover your vehicle damage after an auto accident. If it were a minor accident, and the other driver was clearly at fault, you may not need to provide the police report at all. You’ll want to have photos, witness contact information, and any other documentation from the scene to support your claim
Why does a police report matter after a car accident?
First, calling 911 and reporting the accident to the police satisfies your obligation, under Georgia law, to report any accident that results in bodily injury or death, or property damage over $500.
Second, having a police officer on site to document the accident scene makes things easier for you. The information in a police report — including the vehicles involved, contact details, license plate numbers, road and weather conditions — gives your lawyer a verified starting point to investigate and build your case.
What evidence can help support your claim without a police report?
Building a claim without a police report means gathering your own evidence. Strong evidence that can establish the other driver’s negligence includes:
- Videos of the crash, like a dash cam or traffic camera
- Witness accounts
- Your medical records linking your injuries to the accident
- Phone records that show the other driver was using a mobile device while driving
- “Black box” data from one or both vehicles
Some of this evidence, like black box data or traffic camera footage, has a short window before it’s overwritten or lost, which is why acting quickly matters.
What problems can happen if an accident is not officially reported?
Failure to report an accident in Georgia can result in a misdemeanor charge, with fines up to $1,000, up to a year in jail, and license suspension.
If you don’t report the accident, and the other driver does, their account will be the only one on the official record. While this may not prevent them from being held liable for your injuries, if there isn’t much evidence, if both sides contributed fault, or if the other side is contesting your claim, it could make pursuing your own personal injury claim more difficult.
Should you still report a minor accident after leaving the scene?
Yes, it’s always a good idea to report an accident, even if neither vehicle appears to be damaged. Your car may actually have been more seriously damaged than you thought, or you could have suffered an “invisible injury” in the wreck, an injury that doesn’t present symptoms right away, like:
- Whiplash or neck damage
- Spinal cord bruising or other damage
- Herniated discs
- Internal organ damage
- Internal bleeding
- Mild to moderate concussion
- Muscle strains
Hidden injuries may not be apparent right away, so many people may skip an ER visit, thinking they’re fine, or just a little sore. A day or two later, they have serious pain, swelling, or other issues. While a doctor you see a few days after the wreck may attribute your pain, injuries, and other symptoms to the wreck, the connection becomes less clear, and fault may be more difficult to prove.
How can a car accident lawyer help if there is no police report?
An experienced car accident attorney helps build a case demonstrating that the other driver’s negligence caused the wreck and your injuries. They can also negotiate directly with the insurance company on your behalf. Law firms often have access to resources the average person doesn’t, like investigators and experts who help piece together the circumstances leading up to the crash.
Lawyers also know the proper way to preserve evidence (so video footage isn’t overwritten and physical evidence isn’t lost) and can subpoena and question witnesses, like a passenger in the other vehicle, who otherwise may not speak on your behalf.
Your lawyer also properly values your losses, including an appropriate sum for your physical pain and emotional suffering. If you’re badly injured to the point that it affects your ability to earn a living, your lawyer can also include loss of income and loss of future earnings damages.
Speak with a Marietta car accident attorney about your accident claim
Have you been injured in a car accident and need help filing an insurance claim? If you didn’t report the accident to the police, the advice and advocacy of our experienced attorneys can significantly strengthen your position, especially when the official record is thin. Georgia gives you two years from the date of the accident to file a personal injury claim. Call (470) 729-9799 or contact us online to schedule your free consultation with Schnyder Law Firm.
