If you have an accident in which there has been damage to property or an injury to a person, the police may be called to investigate and make a report. However, if the accident is only minor and no-one has been injured, the police may not need to attend.
The question arises if there is a dispute later with an insurer whether the police should be told about the accident after the accident has actually happened and whether this report would be admissible as evidence to the insurer.
When Should Police be Called to an Accident Scene
Generally, the police should be called to any accident in which someone has been injured, serious damage to property has occurred, a crime has occurred, or there is a dispute developing at the scene of the accident which could involve potential violence.
The actual need for police to attend an accident does vary from state to state and it makes sense at least from an auto accident potential to know what the state law actually is.
The Value of a Police Report
In the event that an accident occurs and police are not required to attend, it is perfectly legitimate to file an accident report and hand it in to the police after the accident has occurred.
If the police have actually been to the accident scene, then they will have already have made out their own report. If you have been injured, or your car has been damaged, you should make sure you get a copy of the police report as soon as you are able to do so, if you aren’t given one on the spot.
Even if the accident was minor and there was minimal property damage, minor injuries and the police were not involved at the time, then there may be a case for filing a report for the police, anyway.Even a polite agreement at the scene of the accident may deteriorate when an insurance claim is filed.
Strictly speaking, the insurer has no right to demand a police report after a minor accident unless they suspect that a crime has been committed or if there is suspicion that there is a major contradiction between statements about the accident. However, a police report, even if it has been filed after the accident, gives your claim more weight.
If the insurer appears to be stalling over your claim, you can ask them to provide a reason why they might deny your claim or ask for ‘determination of coverage’. Even if you did not file an accident report with the police beforehand, you can advise the insurer that you are prepared to do so now, if that will help them make a favorable decision.
When an Attorney May be Useful
There are a few reasons why an insurer may try and deny an insurance claim, whether it is a claim for damages to property or a minor claim for injury, if there is no report available.
If you think the insurer is stalling and its behavior is unjustified, you may find that legal help from an attorney can help to get better results.
