Can You Claim a Car Accident Without a Police Report?

Filing a claim after a car accident can be challenging, but claiming a car accident without a police report is possible with the right approach and guidance. While a police report is often the most straightforward way to establish fault, it is not the only form of proof an insurance company or court may consider. 

Working with an experienced Phoenix car accident lawyer ensures that all angles of your case are covered, from witness statements to photos and videos. By gathering strong evidence for a car accident claim, you can protect your rights, maximize your potential compensation, and navigate the claims process with confidence, even when a police report isn’t available.

Police Reports at the Scene

After an accident, make sure everyone is okay, and call the police right away. While waiting, use your phone to start filming, and take several still photos of the scene from various angles. 

Soon, a police officer will arrive. Follow their directions, and wait until they approach you to ask questions. Remain calm and don’t make any statements that can be seen as admitting fault. If you believe the other driver is at fault, say so and explain your side of the story. 

The officer will write a detailed report based on witness statements, the condition and location of cars, and other information, such as if there are tire skid marks on the road. Ask for a copy of the report before leaving the scene. 

Police Reports as Evidence

When insurance companies are asked to pay a claim related to an accident, they first need to determine who was at fault. Their starting point is often requesting a copy of the police report, but sometimes, fault is difficult to establish. This is especially true if there is no police report. 

If an accident becomes a he-said-she-said situation and fault cannot be determined, insurance companies may agree that fault is to be shared between the parties. This can severely reduce how much someone can sue for a car accident.  

Police reports are not the final say, however. Officers are people and can make mistakes or have biases that lead them to incorrect conclusions. Insurance companies may push back on a police report if they believe their client was not at fault. 

When this happens, other evidence, such as photos, CCTV footage, and witness statements can be used. In cases of extreme injury, death, or six-figure damages, accident reconstruction experts may be called.

Police May Decline to Visit the Accident Scene

Police can’t be everywhere at once. If the accident was a fender bender with minor damage and no injuries, and the vehicles are driveable and not obstructing traffic, police may decline to visit the scene. 

In this case, the evidence you provide will be very important. In addition to the photos and videos you take, you may want to speak with the other driver. With any luck, they may say something that indicates they are at fault. 

Approach witnesses who may have seen the accident and are willing to make a statement, then call an attorney.

Trust Gage Mathers

Don’t wait to file a claim, but contact an attorney first. How long after a car accident you can claim injury depends on the date of the accident and the time limit the law allows. 

Gage Mathers has been helping clients negotiate settlements for decades. To date, we’ve won more than $275 million for accident victims deserving financial justice. Consultations are free, and we only get paid if you win. Give us a call today!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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