Getting a Police Report After an Auto Accident

When It’s Required by Law | Why It’s Always a Smart Thing

When you’ve been involved in a motor vehicle accident, one of the first things people tell you to do is get a police report. But that can be a real hassle sometimes. Depending on the time of day, where the accident occurred, and what else is going on, it may be an hour or two before law enforcement officers can make it to the scene. For a minor fender-bender, is it really worth it? Is getting a police report mandatory after an auto accident? What are the benefits to having law enforcement officers file a report?

You May Be Required To File a Police Report

While most states do not require that you file a police report for every accident, many do mandate a police report under the following circumstances:

• The accident causes injury or death to anyone, including drivers, passengers, or pedestrians.
• The estimated damage to vehicles or other property exceeds a certain amount, typically $1,000.

In addition, though not mandatory, you should notify law enforcement officers in any of the following situations:

• One of the drivers involved in the accident was operating the vehicle under the influence of drugs or alcohol.
• One of the drivers involved has no motor vehicle insurance coverage.
• The accident is a hit-and-run, meaning that one of the drivers fled the scene.
• One or more of the vehicles sustained such damage that they cannot be moved without a towing service.

It’s important to understand that, while it’s in your best interests to have an officer come to the scene of the crash, those states that do require a police report in certain situations generally allow you to go to the police department within a certain period of time and file the report. In those states where a report is required, failure to comply with the reporting requirement can result in misdemeanor, or even felony charges if serious injuries occurred.

Should You Always File a Police Report?

Even if your accident doesn’t involve any of the circumstances above, there may be a number of other compelling reasons to bring law enforcement officers to the scene of the crash:

• Some insurance companies won’t offer full policy benefits without a police report—A police report can be essential for determining liability and effectively processing insurance claims.
• A police report can prevent the other party from making false or misleading statements about what happened—Though the police report won’t necessarily be conclusive evidence of fault, it can be admitted at trial. Without a police report, it will be your word against that of the defendant.
• A police report enhances the credibility of your claims—If the officer’s report corroborates your version of the facts, it will carry greater weight with a judge and jury.
• The police report can improve your chances of settling before trial—If the officer’s version of what happened matches yours, the defendant may have an incentive to avoid trial.
• The police report can help if you need subsequent medical care—If you have injuries that take some time to fully appear, a police report can help show causation.