Do You Need a Police Report To Prove Fault in a Car Accident?

If you’ve ever been in a motor vehicle accident, you know how frustrating it can be. Even though you’ll be late for work, you have to wait for the police to arrive on the scene. Then you have to call to have your car towed. A car crash, even a minor accident, can derail your entire day.

This may be why many drivers are tempted not to call the police and just exchange insurance information with the other driver. The problem with this is that you’ll need a copy of the police report to prove the other driver was at fault.

This article explains why a police accident report is vital to your car accident claim. It also shows how your car accident lawyer will use the report to prove fault in your lawsuit.

If you’ve recently been in an auto accident, consider contacting a local car accident attorney if you’re encountering any difficulties. They’ll review your case and fight to get you the compensation you deserve.

Call 911 or Law Enforcement Immediately After Your Car Crash

When a person is involved in a serious car accident, it goes without saying that 911 should be called immediately for assistance. In other instances, motorists may think it’s better to handle things between themselves without involving law enforcement when the impact is minor.

Even if your injuries are minor, significant out-of-pocket expenses are a possibility. So too is property damage, which can be extensive. The only way to recoup your losses is to file a claim with the insurance company and hope they’ll pay it.

If the insurance company approves your car insurance claim, you should receive your insurance check within a couple of weeks. If the insurance adjuster denies your claim, you must sue the at-fault driver.

In any lawsuit, including a car accident lawsuit, you’ll have to prove fault. The most critical piece of evidence you’ll need to do this is the police report. You won’t have this report if you don’t call 911 or summon the police to the accident scene.

Proving Fault Using a Police Report

Police reports can provide helpful evidence of fault in a motor vehicle accident. They comprise the law enforcement officer’s official account of what they observed after they arrived at the scene of the accident. The courts trust this evidence because the police officer is an unbiased party and has no reason to lie or exaggerate about the information supplied by the involved drivers.

When the police arrive at the accident scene, they will thoroughly investigate the car crash and include their findings in their formal police report.

Police reports typically include the following information:

• A description of the accident scene, including the position of vehicles, the road conditions, and the presence of skid marks, etc.
• Whether either driver experienced vehicle damage
• The time, location, and current weather of the accident
• Driver’s license, license plate, registration information, and insurance information for both drivers
• A note as to whether either motorist was under the influence of drugs or alcohol at the time of the accident
• The names of all accident victims and the seriousness of their injuries

Police reports may also include witness statements and witnesses’ contact information. The officer may also include their opinion on how the accident occurred, but as they were not present at the time of the accident, it’s not legally binding or a witness statement. Reports also reveal whether they issued either of the drivers a citation at the accident scene.

The auto insurance providers will rely on this information when evaluating your claim. In the absence of a police report, the insurance adjuster must base their decision on the drivers’ statements about what happened.

Proving Fault Without a Police Report

There are times when drivers don’t call the police after an auto accident. Many times, especially when the drivers and passengers don’t need medical attention, motorists choose to handle things on their own. They exchange insurance policy information and agree to let the insurance carrier work things out.

The insurance company must still determine fault in a minor accident. This is the most essential part of the claims process. When they don’t have access to police reports, insurance companies gather evidence from all parties and any available witnesses.

Some of the evidence the insurance company (and your personal injury lawyer) will depend on includes:

• Eyewitness statements
• Statements from the drivers and passengers
• Videos, diagrams, and notes regarding the accident
• Photographs of the accident scene
• Pictures of damage to the vehicles
• Footage from any CCTV or traffic cameras

This is why motorists should try to gather evidence immediately after an accident by taking photos and videos, getting copies of the other driver’s license and insurance information, and obtaining contact information from the other driver and their passengers.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, contact a local car accident attorney to confirm your state laws.

Seek Legal Advice From a Local Car Accident Lawyer

If you’ve been in a motor vehicle accident and need help determining your legal rights, contact a skilled car accident lawyer. They will help get a copy of the accident report from the police department and use it to gather evidence to prove your personal injury claim. They’ll also work hard to negotiate a settlement of your car accident claim with the insurance company.

Most offer a free case evaluation. Your attorney must file your accident claim before the statute of limitations expires, so be mindful of your remaining time.