Yes, you can file a car accident claim without a police report, but it can make the process more difficult, especially if liability is disputed. A police report is helpful and provides valuable evidence, but it’s not required in every case. To understand your options if you don’t have a police report, it helps to speak with an Orlando car accident lawyer at DWK Law as soon as possible.
When is a police report required after a car accident in Florida?
Filing a police report is generally one of the steps to take after being in a car accident. Under Florida Statute 316.065, drivers have to report a crash if it results in injury, death, or a vehicle that cannot be safely driven. In these situations, law enforcement is typically required to respond and complete a crash report.
Even in less serious accidents, reporting the crash can still be important for documenting what happened and protecting your ability to file a claim.
How do you file an insurance claim without a police report?
You can still file an insurance claim without a police report, but you’ll need to fill in the gaps yourself. Without that official record, the details of what happened rely on what you are able to document.
Start by writing down everything you remember about the accident while it is still fresh. That includes when and where it happened, who was involved, and what the damage looked like. It also helps to have the other driver’s contact and insurance information.
The clearer your documentation is, the easier it will be for the insurance company to understand what happened and move your claim forward.
What evidence can support your claim without a police report?
You need to gather and submit as much evidence to support your claim as possible. This can help offset the information that would have been included in a police report. Evidence you may be able to use when you file a claim can include photos and videos of the accident scene, witness statements, and medical records and bills.
A car accident attorney can also help you secure footage from traffic cameras and dashcam footage, reconstruction data, or GPS, vehicle, or phone data.
Can not having a police report affect your car accident claim?
Whether you have been involved in a minor accident or one that is more severe, not having a police report can impact your ability to recover compensation from the insurance company.
When you file an insurance claim, insurance adjusters generally closely review the evidence from police reports, as it provides valuable context and details. Without a report, it can be harder to tell what occurred and determine the value of losses. Insurance companies may use the lack of a police report to question what happened.
What should you do after a car accident if police are not called?
If police are not called to the scene, you can still take steps to protect yourself and your claim. Depending on the situation, you may be able to report the crash through the Florida Highway Safety and Motor Vehicles (FLHSMV) website to create an official record.
You’ll also want to gather your own evidence. Take photos and videos of the accident scene, vehicle damage, crash debris, and any visible injuries. Exchange contact and insurance information with the other driver, and try to get witness statements if possible.
Once you have documented what happened, you will typically start by filing a claim under your personal injury protection (PIP) coverage. Florida is a no-fault state, so you don’t need to prove who caused the accident to access these benefits. PIP can help cover initial medical bills and lost wages while your claim is being handled. But, even though Florida is labeled a no-fault state, that is misleading because in most situations it certainly matters who is at fault for causing a motor vehicle crash.
Connect with an Orlando car accident lawyer about your claim options
Not having a police report does not mean you cannot move forward, but it can make things more complicated. Getting clear guidance early can make a difference in how your claim is handled.
If you have questions about your next steps, DWK Law works with people across Orlando to help them understand their options and build strong claims after an accident. Call us today at (407) 244-3000 or visit us online to schedule a free consultation.