After a motor vehicle accident in California, filing a police report is one of the important steps to take for an injured victim. It provides an official record, helps determine fault, and supports your insurance claim for damages.

The Importance of a Police Report

A police report is typically essential after a car accident in California for several reasons:

• Official Record: It serves as an official record of the incident, documenting the details of the accident, including the parties involved, witness statements, and physical evidence.
• Insurance Claims: Insurance companies often rely on police reports to determine fault and process claims efficiently. The report provides an unbiased third-party account of the accident.
• Legal Proceedings: In case of legal disputes, a police report can serve as critical evidence in court, helping to establish facts and assign liability.

What Happens if There is No Police Report for a Car Accident?

No police report after a car accident in California can lead to several challenges:

• Disputes Over Fault: Without an official record, determining who is at fault becomes more challenging. This can lead to disputes between the parties involved, making it harder to reach a settlement.
• Insurance Complications: Insurance companies may be skeptical about the validity of claims when there is a car accident no police report, leading to delays or denials in processing claims.
• Lack of Evidence: In the absence of a police report, there is less documented evidence to support your version of events. This can be problematic if the other party contests your account of the accident.

When You Must Report a Motor Vehicle Accident in California

Reporting to the California Highway Patrol within 24 Hours

The California Vehicle Code requires that motorists or their representative make a written report with the California Highway Patrol (CHP) or local police department within 24 hours if the accident involves:

• Bodily injuries; or
• Wrongful death; or
• Vehicle or property damage over $1,000

Reporting to the California DMV within 10 Days

For accidents involving injury, death, or property damage (over $1,000), drivers must also complete an SR-1 report with the Department of Motor Vehicles (DMV) within 10 days of the accident. If you don’t file this SR-1 form, the DMV may suspend your license.

What to Do if You Did Not File a Police Report

If a police officer does not respond to your accident, you may still need to file a report yourself in California. In some cases, your injuries might not be immediately apparent and the symptoms might manifest later. In these scenarios, you might not call 911 and ignore reporting the accident in accordance with state law.

In the aftermath, you may worry about what to do if no police report a car accident. Be prepared to seek legal representation from an experienced California car accident lawyer in this situation as soon as possible. If you did not call the police or get a police report after an accident but still want to pursue damages, a skilled car accident attorney can help you seek a settlement.

Steps Our California Car Accident Attorneys Will Take to Pursue Your Claim if You Did Not File a Police Report

At Caputo & Van Der Walde – Injury and Accident Attorneys, our legal team will move fast to take the following steps on your behalf :

Attempt to File the Accident Report Late 

Even if you missed the deadline, our attorney will try to file the accident report with the appropriate authorities. This effort helps correct the oversight and is vital because it establishes an official record of the incident. Filing late might still help to mitigate potential penalties and provide additional documentation that can support your case.

Notify Your Insurance Company 

Our attorney will promptly contact your insurance company to report the accident. This notification is essential because it begins the official claims process. We will ensure that all relevant details about the accident are communicated to the insurer, which is necessary for your claim to proceed smoothly.

Collect All Possible Evidence 

No matter whether it was a minor accident or the auto accident involved traumatic brain injuries, our personal injury lawyer will treat every major or minor incident with due diligence. Our investigative team will collect:

• Photographs: Pictures of the accident scene, vehicle damages, and any visible injuries
• Witness Statements: Contacting witnesses and obtaining their statements to support your version of events
• Surveillance Footage: Obtaining video from nearby security cameras to capture the accident
• Dash Cam Footage: Using video recorded by a dashboard camera to provide real-time evidence of the incident
• Accident Reconstructionist Report: Expert analysis to determine how the accident occurred and who was at fault

Aggressively Negotiate a Settlement 

Armed with strong evidence, our attorneys will engage in vigorous negotiations with the insurance company. The goal is to secure a fair settlement that adequately covers all your damages. We will leverage the evidence to challenge any lowball offers and ensure the insurer takes your claim seriously.

Begin Trial Preparations from Day One 

From the start, our attorneys will prepare your case as if it will go to trial. Our preparation may involve: 

• Developing a Legal Strategy: Formulating a plan to present your case effectively in court.
• Organizing Evidence: Ensuring all evidence is well-documented and ready for presentation.
• Identifying Witnesses: Preparing witnesses to testify if necessary.
• Filing Legal Documents: Drafting and filing any necessary pre-trial motions or legal documents.

Our trial readiness demonstrates our resolve and puts pressure on the insurance company. Knowing that we are fully prepared to go to court may prompt the insurer to settle fairly in order to avoid facing the jury against us in court. 

What Happens if There Is No Police Report for a Car Accident?

A car accident claim without a police report is more complex and requires a strong legal representation to protect your rights. With over 85 years of combined legal experience and tens of millions recovered for our clients, Caputo & Van Der Walde – Injury and Accident Attorneys have a proven record and legal skills to obtain maximum compensation for your injuries and losses. To schedule your free consultation, call us at 866-545-2793 or contact us online.