ARE POLICE REPORTS NEEDED TO FILE A CAR ACCIDENT CLAIM?

Huffman & Huffman Brothers-in-Law, P.L.L.C.
3 mins READ
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Key Takeaways

  • In Virginia, you must report a car accident to the police if there are injuries, death, or property damage over $1,500, and failing to do so can lead to serious penalties.

  • While you can file an insurance claim without a police report, having one often makes the process smoother and strengthens your case.

  • If no police report is available, carefully documenting all accident details yourself is crucial, and legal help is available to guide you through the claims process.

In Virginia, you may be required to file a police report after a car accident, especially if there are injuries or significant property damage. Having an official police report can be very helpful when filing an insurance claim or pursuing compensation. That said, you don’t always need a police report to start your claim, but getting one whenever possible is usually in your best interest.

Are You Required to Report a Car Accident to the Police in Virginia?

In Virginia, you are required to report a car accident to law enforcement if the crash results in injury or death, or if property damage appears to exceed $1,500. Because it can be difficult to accurately assess damage at the scene, it’s always best to report, even in minor car accidents. Reporting is also important because failing to do so when you are required to can lead to fines, penalties, or even criminal charges such as hit-and-run, which carry serious consequences.

Can You File a Car Accident Claim Without a Police Report?

You don’t need a police report to file a car accident claim in Virginia, but having one can make the process easier.

A police report is useful because:

  • It provides a reputable source that the car accident happened.
  • It can include a mention of who the police officer thinks caused the crash.
  • It can note if the other driver was distracted or intoxicated.
  • It can detail how much damage was done to your vehicle.
  • It can sometimes list important witness information.

Essentially, if there may be any dispute that your car accident happened or how it happened, then a police report can clear things up fairly easily. For this reason, many car insurance companies tell their policyholders to get a police report before filing a claim. Otherwise, if they file without it, then the insurance company or the opposing insurance company will see it as an opportunity to deny or delay the claim.

How Do You Get a Police Report?

If the police are notified of an accident, they will respond to the scene. When an officer shows up and if someone was hurt in the accident or a vehicle was seriously damaged, then the officer should complete a police report for you. To get a copy of that report, you can call the responding police station or department and provide basic information about the crash, assuming you did not get the report number handed to you directly by the officer.

If no officer responded to your crash, or you are not confident that they got all the correct information about it, then you can file a report of your own. You should head to the local police station within 24 hours of your accident to report it.

Again, not having a police report to accompany your car accident claim is not a deal breaker. You don’t lose the right to seek compensation just because there’s no police evidence about your accident. But it can be such a huge help for your case that it is always worth the time to file or get a copy of a report.

What Can You Do If You Have No Police Report?

If you weren’t able to get a police report, don’t panic. You can still file an insurance claim and build a strong case. It just means you’ll need to gather and organize as much information as possible on your own.

Start by writing down everything you remember about the crash: when and where it happened, how it happened, what the road or weather conditions were like, and what damage was done. Include details about the other driver, their vehicle, and any conversations you had. If you exchanged insurance information, keep that handy too. If someone else was with you or saw the crash, their written statement may help as well. 

Think of this like building your own version of a police report. The more detailed and consistent your notes are, the better chance you have of proving what really happened.

Huffman & Huffman is Here to Help You

While it’s possible to file a claim without a police report, we always recommend getting one if you can. A report can make the difference between a quick settlement and a drawn-out fight with the insurance company. But even if you don’t have a report, we’re here to guide you every step of the way.

At Huffman & Huffman, we help injured clients throughout Hampton Roads and all over Virginia with every aspect of their car accident case. If you have been injured and need guidance on what to do next, schedule a free consultation now. We make things easy so that you can focus on your recovery. Let our family help your family!

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