Were you recently in a minor car accident? You might wonder whether you can file a car accident claim without a police report. The answer depends on the severity of the crash and if anyone suffered injuries.
When an accident results in significant injuries or substantial property damage, you will want to call the police, get an accident report, and discuss your options with a Boca Raton car accident lawyer. However, crashes with only minor property damage do not always require a police report.
When Does the Insurance Company Require a Police Report?
Your insurance company will likely expect you to contact law enforcement and have an officer write an accident report if there are injuries or significant property damage. However, if the crash was minor and no one was hurt, you can usually file an insurance claim without a police report.
Getting a police report is time-consuming, and for accidents resulting in relatively minor property damage, waiting for the investigating officer to complete the report might not be necessary before filing an insurance claim. Still, having a report could facilitate your claim moving through the process, and you will have it should you need to file a fault-based lawsuit later.
When Does Florida Law Require a Police Accident Report?
Florida law requires those involved in specific types of crashes to report them to local law enforcement. For instance, Florida Statutes § 316.065 requires drivers to contact the police whenever:
- The accident causes injury or death
- There is estimated property damage of more than $500
Moreover, under Florida Statutes § 316.066, if law enforcement doesn’t complete a crash report, you must file a crash report within 10 days when:
- A vehicle must be towed from the accident scene
- It was a hit and run accident
- You believe the other driver is under the influence of alcohol or drugs
- It involves a commercial vehicle
You could face fines or other penalties if you do not report an accident when any of these circumstances apply. So, call 911 immediately to report the crash. You must remain on the scene until the officer arrives, takes your statement, and clears you to leave.
What Should I Do After a Minor Property Damage Crash?
After a minor fender-bender, such as a low-speed bump from behind at a stop sign or a scratch in a parking lot, you can likely exchange information with the other driver and go on when:
- No one has any pain or other signs of injury
- The damage is expected to be less than $500
- Both drivers agree on what happened
Instead of a police report, you will go home and report the crash by filing a “Driver Report of Traffic Crash” with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). If a police officer comes to the scene but does not need to file a report, they may provide you with this form or a driver exchange-of-information form.
Can I Still File an Insurance Claim Without a Police Report?
When the crash is minor, and both drivers agree on what happened, you can file a car insurance claim for property damage without a police report. It also helps to have sufficient documentation, such as photos of the accident scene and contact information for any witnesses.
While Florida has no-fault laws that pertain to injury accidents, state law allows you to hold the at-fault driver responsible for any property damage they cause. Thus, you can file a fault-based claim against the other driver’s auto liability policy to seek compensation. Alternatively, you can file a collision claim with your insurer and let it deal with the other insurance company. However, this option usually requires you to pay a deductible.
What if I Suffered Injuries that Were Not Obvious at First?
Sometimes, crash victims are hurt and do not realize it immediately. If you develop injuries later, you can still file a claim with your Personal Injury Protection (PIP) insurance provider. This policy pays out initially on injury claims regardless of fault in Florida. These claims will not require a police report, although it can support your claim if you have one.
However, suppose your medical bills and lost income exceed your PIP limits, and you need to pursue a case against the at-fault driver. You should contact a personal injury attorney right away. They can help you build a case despite not having a police report.
How to Strengthen Your Claim Without Having a Police Report
If you did not get a police report but now need to build a case against the other driver, some steps you can take include:
- Filing a crash report with the FLHSMV: If no one called the police out to the scene, but now you need a report, you have up to 10 days to submit a Driver Report of Traffic Crash form to the FLHSMV.
- Immediately see a doctor: Under Florida Statutes § 627.736, you only have 14 days to see a doctor if you plan to file a PIP claim. Seeing a doctor as soon as symptoms develop benefits your physical health and legal case.
- Speak with a car accident attorney: Unsure of your rights? Worried about a lack of documentation? A personal injury lawyer can address your concerns.
How Can I Recover Compensation if I have Serious Injuries?
A personal injury or wrongful death lawyer can demand fair compensation or file a lawsuit based on a Florida accident with severe or fatal injuries. While you will want to act as quickly as possible to ensure you meet all other deadlines, you generally have up to two years to begin a lawsuit under Florida Statutes § 95.11.
Talk to Our Team About Your Florida Car Accident Claim Today for Free
GED Lawyers provides free consultations for crash victims and their families in Florida. We are a law firm with a history of winning. Since 1995, we have helped clients recover over $26 million in settlements, judgments, and awards. Our case results speak for themselves. Please contact us today to learn more.
