If you got into a crash and did not tell law enforcement or do not have the paperwork, you may still be able to file an insurance claim without a police report•. If you have not already told the police about the crash and you believe you should have, filing an incident report may be a good idea to do now. Regardless, starting the insurance process may be beneficial at this time because your contract may require you to do so within a specific timeframe after the crash.
The experienced car accident injury attorneys of Dan Pruitt Injury Law Firm, can guide you through filing a claim without a police report•. Because you do not have the initial incident report, you may need to gather extra evidence to draw a connection between the wreck and your injuries. Our team can help you locate and use this information to maximize your chances of securing a favorable outcome.
Can You File an Insurance Claim Without a Police Report?
Yes, you may be able to file an insurance claim without a police report. However, you may incur penalties for not notifying local law enforcement immediately if you were supposed to do so under the law. It may be beneficial to tell the police about the incident as soon as you can. If you have questions about how to do this or what consequences you may face if you do not do this, consider reaching out to a qualified personal injury lawyer.
When a Police Report Is Not Required for an Insurance Claim
South Carolina law requires many drivers to tell the police if they get into an accident that hurts or kills someone.
Additionally, most drivers need to notify law enforcement if they are in a crash that causes damage to a car that someone is in.
If someone is in a collision that does not meet these criteria — i.e., does not result in injury or death — the person may not have to tell the police. In that situation, the person may file an insurance claim without penalty. However, someone may still benefit from seeking compensation through their insurance provider even if they should have reported the crash and did not.
The Challenges of Filing a Claim Without a Police Report
Some challenges you may face if you do not have the police report include administrative hurdles and evidentiary issues.
The insurance company may resist paying out on the claim if you do not have a police report and they believe you should have filed one. You can try to overcome this obstacle by filing this report when possible. If you missed the statutory deadline, an attorney can discuss the pros and cons of sending in this notice.
Another area of potential difficulty includes evidence. You may have to take extra care to locate and use other sources of evidence — like medical records, photographs, and witness testimony — to prove what happened and why you are not at fault.
Key Evidence To Strengthen Your Claim Without Official Documentation
A police report is an essential piece of documentary evidence. It provides robust and timely information about what happened before, during, and immediately after the accident. Likewise, it proves a causal connection between the injuries and the wreck.
Without that evidence, the victim would need to look to other sources of proof to support their claim for damages. For example, they can refer to medical records from doctor’s visits they had right after the collision. Additionally, they can present requests to take time off work because of the accident and pain diaries to show their limitations because of what occurred. Witness testimony may also be beneficial — if available — since witnesses can explain what they saw with their own eyes.
How To Prove Fault Without a Police Report
If you do not have a police report, you can use other sources of proof to show the other driver is to blame for what occurred. For example, you can use photographs, traffic camera footage, witness testimony, and medical records to explain how events progressed. Additionally, you can use pain logs and other information to prove the extent of your injuries and how they impact your daily life.
The Role of Witness Testimonies in Supporting Your Claim
Witnesses who were there when the accident occurred can be invaluable sources of information. They can explain what they saw, how people acted after the crash, and what injuries people had after the incident. These can be compelling evidence to prove your arguments or disprove the other side’s claims.
Documenting the Scene: Photos and Notes as Evidence
To have a chance of winning your car accident case, you need to gather and adequately use evidence to prove what happened. Photographs, notes, and traffic camera footage can be valuable sources of information you can use to strengthen your claim. You can take pictures of your injuries, the location of the accident, the position of the cars, and any dents, damage, or paint transfer on the vehicles, ground, or objects at the scene. You can use these as puzzle pieces to paint a picture of what happened.
Medical Records: Establishing the Connection Between the Accident and Injuries
After you get into a crash, it may be a good idea to see a doctor. They can examine you and identify any underlying injuries you may have. Additionally, they can note that you got these wounds from a collision. You can then use these medical records to prove a connection between the crash and the damages — e.g., bone breaks and time off work — you experienced.
Working With Your Insurance Company After an Accident Without a Report
When working with your insurance company, speaking honestly but in a matter-of-fact manner about the incident is a good idea. Communicating the bare facts without any commentary may be helpful. For example, you might explain the direction in which the cars were moving but leave out assumptions or statements that may make it sound like you are admitting fault without meaning to.
When To Consult a Lawyer for Your Insurance Claim
If you think that you were supposed to tell the police about the crash but you did not, it may be a good time to talk to a lawyer. They can help you understand your reporting obligations, what to do to meet them, and how to minimize the consequences of not fulfilling them earlier. Additionally, an attorney is a good resource to consult before signing settlement documents or cashing checks sent to you by the insurance company or at-fault driver. They can help you understand what your rights are and help you negotiate a better settlement if the offer given to you is too low or has unfavorable terms.