When an accident happens, it can be hard to think logically or rationally. You are most concerned about your safety and the safety of others with you, and coming up with evidence to help prove a potential personal injury claim may not be on your immediate radar. Following the accident and after speaking with the police, you should receive a police report detailing what happened. However, what do you do when you do not have that report? Does that affect your ability to make a claim.
We have asked attorney Alaina Sullivan, about what you should do. Here is what she had to say:
Do You Need a Police Report?
You do not always need a police report to file an insurance claim with your own insurer, unless any allegation of crime involved in the accident, such as the other driver fleeing the scene. However, having that hard piece of evidence certainly is helpful and can speed up the insurance claims process. So while you do not need a police report per se, it is always encouraged and can make the process a lot easier.
What is Important About a Police Report?
Police reports provide several key elements in proving your claim. One, the police report usually is the most detailed and accurate chronological depiction of what happened that led up to the accident. Officers are trained in reconstructing events in these types of situations, much better than your average person off the street. Also, the officer will get statements from both you and the other driver. These will be key in proving fault.
Finally, the officer will be able to examine the actual scene, looking for indicators of what happened. These can include skid marks, physical evidence at the scene, and damage on the cars. The officer should be able to identify the points of impact and most likely will be able to calculate the speed of the vehicle before the impact occurred. All of this is vital to your case and can be hard to reconstruct without that initial police report.
How do I go About Getting the Report?
The police officer will need some time to put the report together, and you will likely get a business card with that officer’s contact information after he has accumulated everything he needs. Give it a few days and give that officer a call. When you do speak with him, give him some background as to who you are, the accident you were involved in and why you are calling. Keep in mind you may not be the only report that officer wrote that day. You may have to personally go to the police station or courthouse to get the police report, and some do charge a fee. However, that small fee is worth it when it comes to proving your case.
If you are not sure how to go about getting a police report, your attorney can always help you. Your attorney would love if you brought in all pieces of evidence needed for your case, but if you do run into any problems, attorneys have the tools and knowledge to obtain information that you may not be able to otherwise get. This can include getting police reports, as well as subpoenaing the police officers who wrote them.
What if There is no Police Report to Get?
Do not despair. You are not completely lost if you do not have a police report. Other helpful information that can assist you in proving your case can include statements from the drivers involved, eye witness statements, pictures of the accident scene or pictures of the damage on the vehicles. You may not be able to get statements from the other driver involved as he or she may have a different view of what happened.
Police reports are not required when the accident happens on private property or if you do not meet a certain threshold for damages. That threshold varies from state to state.
Contact an Attorney Today
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. For the best chance of receiving the compensation you need to pay for medical bills, auto body bills, and pain and suffering, you should speak with a personal injury attorney in your area today.
