Can you claim a car accident without a police report? It may be possible to file a claim for your losses without a police report, but proving the losses you have will be much more complex without a police report.
Victims involved in a car accident often know that one of the steps they should take is to report the incident to the police, but that does not often happen.
Here are several factors to consider when filing a car accident claim without a police report from a Houston car accident lawyer.
Fault Must Be Clear in Some Way
To file a claim for any car accident, it is critical to establish that the other party is at fault. To do that, you must demonstrate that the other party was negligent and prove to the insurance company that they were.
In situations where the police are present, they will gather the evidence to document fault, making it harder for insurance companies to dispute your claims.
For a car accident without a police report, the burden of proving fault is more challenging, but not impossible. If you have evidence in the form of videos or photos, written statements from others involved, and other documentation of what occurred, this becomes easier to do. In some situations, the other driver knows they are at fault and makes a clear statement that takes responsibility.
In situations where you can demonstrate that you were not at fault and that there is clear evidence of the other party maintaining fault, you may not need a police report.
Because it is more challenging to take this route, it is often best to file a police report, even if it has been late, and allow law enforcement to investigate the case to the fullest level possible. You can also hire a car accident lawyer to help you navigate the evidence to prove fault.
Insurance Companies Want Evidence
Police reports are a core type of evidence in many car accident cases. Without it, you need to have substantial additional evidence that shows that the other party is responsible for your injuries and losses. Evidence that you may wish to try to collect includes:
- Documented proof of the damage to your vehicle, such as photos of the damage to your vehicle
- Clear indication from a medical report from the hospital that shows you were hurt in a car accident and what your injuries are
- Documentation of a doctor telling you that you cannot work for a period of time because of your injuries
- Statements from witnesses that demonstrate what happened and how you suffered after the accident
- Documentation of the cost to repair your vehicle from the damage caused by the other party
This type of evidence is specifically helpful in documenting not just the cause of the accident but also the value of the losses you sustained. By being aggressive in this area, you make it more challenging for the insurance company to refuse to pay for your losses.
Even without a police report for a car accident to document those losses, you can still seek a claim with robust evidence. Talk to a Houston personal injury lawyer today.
The Accident Was on Private Property
In many areas, police will not respond or investigate accidents that occur on private property, such as in the parking lot of a grocery store. In these situations, the matter is a civil case, which means the burden of proof is on your shoulders. In these cases, you do not need to create a police report for the car accident.
In these situations, you can still reach out to the police for help. They may still help you investigate what occurred and gather evidence available. However, because it did not happen on roadways or public property, you are generally not required to have a police report, especially if the accident did not involve serious injuries.
Private property accidents can be challenging, especially if it comes down to your word against theirs. In these situations, it helps to have a skilled legal team that is ready to build a strong case for you. Avoiding going to court may be an option when you have a proven attorney by your side.
The Police Did Not Respond to Your Incident
In a car accident in which you call 911 and wait for the police, but they do not arrive at the scene, you may need to go to the hospital and get the medical care you need first. In some situations, you could wait hours, and the police do not show up for the incident. This means no police report will be created.
If the police did not respond to an accident for any reason, you can still file a claim for the losses you have, if you can prove who caused those losses for you.
If there is a question about fault, you can expect there to be disagreements in this process, and it is possible you may have to go to court to seek a solution for your case. Read our FAQs to learn more about this situation.
You Must Act Within the Statute of Limitations
Victims who are in a car accident, even without a police report and documentation, still have time restraints they must abide by. The Texas statute of limitations is one of the most important.
Under the statute of limitations, you have two years from the date that the accident occurs to file a lawsuit in a Texas court against the at-fault party.
If you wait beyond that timeframe, the court bars you from seeking compensation for your losses. This can be a devastating mistake to allow to happen.
To avoid this, seek a consultation with a local car accident attorney immediately and discuss your case during a consultation. Doing so protects your rights to further compensation while also ensuring that you do not run out of time to take action.
Seek Legal Support for Your Car Accident Claim Without a Police Report
Without a police report for a car accident, evidence, fault, and losses become harder to pursue accurately and seamlessly.
Hiring a car accident lawyer from Lowe Law could alleviate your frustrations and provide the legal guidance you need. A police report should not be something that holds you back.
