The appropriate steps to take after a car accident can feel overwhelming. Suppose you have a collision but don’t see any damage but realize it when you get home. You may be unsure if you can still file a claim with insurance if there is no police report.
Thankfully, you can demand Rand and speak with a Philadelphia car accident lawyer at Rand Spear Accident Attorney. Our experienced attorneys can guide you through the process of getting your claim paid and recovering the compensation you deserve.
Car Accident Reporting Laws
Some states may vary on how exactly accidents are required to be reported, and this may lead to an accident that does not have a police report. Pennsylvania and New Jersey’s laws are clear regarding their requirements.
Pennsylvania Car Accident Report Laws
The Commonwealth of Pennsylvania has a few guidelines for reporting car accidents. According to Title 75 of the Pennsylvania code, an accident must be reported if it meets a couple of criteria:
- Injury
- Death
- Significant damage to the vehicle
New Jersey Car Accident Report Laws
New Jersey law has similar requirements. The New Jersey Motor Vehicle Commission states that a reportable accident is one that:
- Damages more than $500
- Injury to a person
- Death of a person
Benefits of a Car Accident Report
A police report or accident report can serve many functions. Primarily, it acts as a documentation of the incident from a third party. The report may include details such as:
- Weather conditions
- Road conditions
- Positioning of the vehicles
- Witness statements
- Officer’s observations
The report provides documentation for determining who is at fault and, therefore, responsible and serves as a record of contact information. When you request your report, it will typically provide the other party’s contact and insurance information. This is crucial to filing a claim if you have not already received the information.
Making a Claim without a Police Report
The lack of a police report detailing the incident does not invalidate your suffering from an accident. The fact remains that you should be compensated for the injuries caused by another’s negligence. However, there are a few ways that you may be able to strengthen your case without it in addition to:
- Take photos: Obtain photos of the location of the accident, damage to any of the vehicles, and any injuries at the time of the accident, which may serve as baseline documentation that you are missing from not having a police report.
- Seek medical evaluation and treatment as soon as you can: This step can also start that documentation trail by establishing injuries. Our experienced accident attorney may also give you referrals to experts in car accident injuries that may support your claims.
- File your own report. Pennsylvania and New Jersey provide options at your local police station for making a report. While this is not the same as a report from an investigating officer, it can also serve to document that the incident happened.
While the police report may contain valuable information for your case, it is not required to file a claim or even bring your case to court. The above list is not exhaustive, and there may be details in your case that require different pieces of information. You can speak with our lawyer to determine the best ways to gather evidence supporting your case to successfully recoup costs.
How to Avoid Harming Your Claim
While there are many ways to substantiate your claim, there are also multiple pitfalls to navigating the negotiation or lawsuit process. The insurance company’s job is to mitigate its losses and costs by trying to minimize your injuries and attribute as much fault to you as possible. Similarly, your lawyer’s job is to help you minimize your liability and establish fault on the other parties.
Will Your Claim Go to Court?
Taking a case to court can mean an unpredictable outcome for the involved parties, both in the jury’s decision and the amount of damages assigned. Because of this, the initial goal for everyone is usually for the insurance company to settle the case instead of taking it to court. However, if they gather enough evidence to think they will win, they may decide to go to trial, and this is why it is so important to avoid some specific behaviors while negotiations are pending.
Steps to Protect Your Claim
Because many of the goals of the insurance company are to discredit you, there are a few things that a Rand Spear accident attorney may ask of you or suggest that you do that may include:
- Follow all recommendations from your providers: you don’t want room to question whether your injuries are so bad because you aren’t taking appropriate steps to heal
- Avoid sharing much on social media: Insurance companies and attorneys frequently use social media against opposing parties. The more you put out there, the more there is to be misconstrued to your detriment
- Do not sign any paperwork or engage in discussions with insurance or the other driver without discussing with your attorney first
Other measures may be taken that are specific to your case that you can speak with your lawyer about.
You Can Make an Insurance Claim without a Police Report
Put simply, you can make an insurance claim for a car accident without a police report. However, this may make your journey to a successful claim more difficult and stressful. An attorney may always be the way to go, but it may prove to be especially valuable in a situation like this when you may be starting at a disadvantage.
If you find yourself in this position, call Rand Spear, accident attorney, for a free case consultation today. Our team works on a contingency fee basis, which means you don’t pay until we recover compensation for your losses. You don’t have to navigate this alone.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
