Yes, you may still seek compensation after a car crash even if you don’t have a police report. However, you’ll need enough other evidence to present a strong claim.
A police report plays a key role in many car accident claims, but what if you don’t have one? Can you claim a car accident without a police report? In short, yes, if you have enough other proof, like photographic evidence and witness statements. Talk to a seasoned personal injury lawyer to learn whether you may be entitled to compensation.
What Happens If There Is No Police Report for a Car Accident?
Both attorneys and insurance adjusters look into the police report when examining a claim. This report can shed light on how the collision happened and who is likely responsible. It could also help estimate comparative fault.
However, some accidents don’t undergo investigation by the police. For example, perhaps you didn’t realize you sustained an injury at the time and thus didn’t think you should contact the police after the collision. Weeks later, a medical checkup reveals a hidden injury likely related to the accident, and you start looking into your legal options.
You can still pursue an insurance claim without an accident report. However, the burden of proof is on you, meaning you’ll need to provide alternative evidence.
Filing a Car Accident Claim Without a Police Report
“Call the police or 911 immediately” is almost universal advice in these situations. You should also:
- Take photos and videos of the accident scene. Try to capture the damage to your vehicle, skid marks on the road, visible injuries, the collision angle, and other important details.
- Write down the other driver’s license plate number and ask for their contact and insurance details.
- Ask for the names and contact numbers of anyone who may have witnessed the accident.
- Save any dashcam footage that shows how the accident happened. If you don’t have a dash cam, check whether nearby traffic or security cameras may have recorded the accident.
- See a doctor to evaluate your condition and rule out any hidden injuries.
- Keep all accident-related documents, such as your medical records and car repair bills.
However, what if you haven’t done some (or any) of the above or started taking action late because you didn’t think you would make a claim?
“Can you claim a car accident without a police report?” becomes an even more complicated question if you haven’t saved enough documentation. In the hidden injury scenario above, perhaps you didn’t even note the other car’s license plate.
In this situation, you should talk to a car accident lawyer ASAP. An attorney will help you evaluate your options, from looking for the at-fault driver to filing a claim under your own UM/UIM, PIP, or collision coverage.
Do You Need to File a Police Report in New Jersey?
In New Jersey, you must report any car accident that leads to an injury, fatality, or property damage above $500. In practice, this means you need to notify the authorities of any accident above a fender bender. However, even fender benders can lead to hidden injuries later down the line, which is why it’s vital to document and report any collision as promptly as possible.
The filing deadline is 10 days from the accident, although if anyone suffered an injury, you should call the police at the scene. Neglecting to report an accident could trigger severe penalties, including criminal charges.
Filing an Accident Report Yourself
If you neglected to call law enforcement, or the police didn’t arrive at the collision site, fill out report form SR-1. You can find it on the New Jersey Motor Vehicle Commission (MVC) website. Make sure to follow state reporting requirements and include all the relevant details, like:
- Your personal information
- The location, date, and time of the accident
- Description of the accident-related injuries and damage
- License plate numbers, vehicle descriptions, and witness names and contact details
- Supporting evidence like photos, videos, and medical records
If you’re already past the 10-day deadline, talk to a lawyer. An attorney can let you know whether you may file a late report and whether any exceptions apply to avoid potential penalties for not reporting in time.
Note that each state has different reporting deadlines. For instance, New York, California, and Florida allow reporting of a car accident within 10 days, similar to New Jersey, while Washington only gives you four days to file a report. In some states, you must notify law enforcement of the collision immediately.
Filing an Insurance Claim Without a Police Report
As we already mentioned, you can seek compensation even if you don’t have a police report of the accident. However, you may face a more complex insurance claim process. An insurer may see the lack of a report as an opportunity to dispute your claim.
Even if the insurance company agrees to process your claim, the investigation may take longer since your adjuster will likely scrutinize any other evidence more closely. They’ll likely pay extra attention to witness statements, video footage, damage analysis, and medical records.
Challenges in Filing a Claim Without a Police Report
Pursuing an insurance claim without an official accident report is doubly challenging if you’re dealing with difficulties like an uninsured or unknown driver or an insurer who aggressively disputes your claim.
Specifically:
- If you were at fault, your insurance company may still pay for your damage since New Jersey is a no-fault state for car accident claims. However, you may then shoulder higher premiums.
- If the other motorist was uninsured, some insurance companies only allow UM/UIM claims if a police report is available.
- If the other motorist’s insurer denies liability, you and your lawyer may need to work extra hard to find evidence, like traffic camera footage and witness testimonies.
- If you prefer to file a claim with your insurance for a quicker payout, your claim investigation will still likely take longer than if you had a police report.
What If You Hit a Tree, Post, or Another Object?
You might also ask, “Can you claim a car accident without a police report?” if you collided with a tree or fence rather than another vehicle.
Generally, the same rules apply to single-vehicle crashes in NJ: You must file an accident report within 10 days if you suffered an injury or if the crash caused property damage over $500.
Collision coverage will likely pay for your vehicle repairs, minus the deductible. If you damaged someone else’s private property in the crash, your liability insurance may step in. It’s important to consult with an attorney to understand where your responsibility lies.
New Jersey Statute of Limitations for Filing a Car Accident Claim
New Jersey’s statute of limitations generally gives you two years from the accident to file a personal injury claim, whether or not you have a police report. Property damage claims have a six-year statute of limitations.
The faster you act, the better your chances of resolving your claim successfully. Gathering medical documentation, collecting witness testimonies, and establishing a link between the accident and the damage is all easier soon after the collision.
How an Attorney Can Help With Your Claim
We always recommend seeking legal help after a serious accident, especially (but not only) if you have no police report to support your case. A car accident lawyer who has handled similar claims will know how to:
- Source and present alternative evidence that backs your claim, like medical records, photos, and video footage
- Correctly evaluate the value of your claim, especially with long-term injuries
- Handle negotiations with insurance adjusters and keep the insurer from short-changing you
- Help you explore all venues for seeking compensation, including UM/UIM, PIP, collision coverage, and MedPay
Injured in a Car Accident? Call Sadaka Law
If you find yourself asking, “Can you claim a car accident without a police report?” call us at Sadaka Law. For over 30 years, our dedicated, compassionate attorneys have represented thousands of injured people and won close to $100M on behalf of our clients. Book a free consultation today.
