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More importantly, should you?
If you get into an auto accident, filing a police report may not be required in your state. However, regardless of the legal requirement, filing a car insurance claim with a police report makes it more likely that you’ll be eligible for insurance compensation than if you file without. A police report is a form of evidence and, the more evidence you have, the better the chance your provider will cover your claim.
We’ve broken down what you need to know about filing a claim with or without a police report, including advice from insurance experts and attorneys.
Yes, you can file a car insurance claim without a police report. However, when possible, we recommend filing a police report to include in your claim.
Police reports help claims because they provide more evidence of whose fault the accident was, which will ultimately determine who pays for damages and bodily injuries.
“A police report will typically contain the accident’s date, time and place in addition to any identifying details that may help determine its specifics and facts,” explains independent adjuster Alex Adekola. “This will greatly simplify and speed up the process of figuring out who is responsible for damages and injuries sustained.”
If the car accident wasn’t your fault and you need to make a third-party claim, a police report can substantiate the damages and/or injuries. This can help prevent your premiums from rising after an accident that wasn’t your fault.
“Filing a report helps you to support your claim by serving as evidence to establish the at-fault party’s legal responsibility for your crash, to prove your injuries in the accident and to locate witnesses that can attest to the facts of the crash,” says attorney Andrew J. Rader. “Without a police report, it can make it tough to determine liability. Without a police report, the insurance company might assess a percentage of liability on both sides as they cannot fully determine who was at fault.”
If a car accident is your fault, you might feel hesitant to call the police. Still, it’s important to make a report.
“Unfortunately, some folks might not file a police report if they think they are at fault and don’t want a record of the accident,” says attorney Ari Gurian. She recommends filing a report regardless and emphasizes the importance of seeking immediate medical attention.
Drivers may want to avoid points on their license or insurance rate increases. Other reasons are more benign, like not wanting to wait for the police.
“No matter the reason, it is always better to call the police and attempt to have them document the event,” advises attorney Scott Distasio. “Otherwise, you could find out afterward that the other person stops cooperating and the insurance company makes it difficult to get a claim resolved.”
If your accident falls under required reporting laws (which we’ll detail below), you could face legal penalties for not reporting it. But even if it’s not required, without a police report, your insurance provider may deny that the collision happened or otherwise deny coverage. This could leave you liable to pay out of pocket for any damages that result from the accident.
While including a police report with your claim increases your chances of receiving compensation, you can still file a claim without one. The more information and evidence you can provide, the stronger your claim will be. For example:
“Depending on how much uncertainty is created by the fact that there is no police report for a given crash, the amount offered by insurance to settle a claim may be less than what you could otherwise get if you had more details in a police report,” explains attorney David W. Holub. If a police report wasn’t obtained, Holub advises taking detailed notes and photos as the next-best option.
“If all the parties agree on what happened, it is certainly possible to resolve a claim or obtain a settlement without one,” says Distasio. “Not having a police report can be a problem, however, when the parties to the accident disagree about what happened or dispute what damage was caused by the accident.
You only need to file a police report after an accident under certain circumstances.
Each state has different reporting requirements and deadlines to file reports.
State | Accident reporting requirements | Deadline to file a police report | Penalties for not reporting |
---|---|---|---|
Alabama | Injury, death or property damage worth over $250 by an uninsured motorist | 30 days | Class A misdemeanor (up to $1,000 fine) for accidents resulting in property damages, Class C felony ($2,500 to $6,000 fine) for accidents resulting in death or injury |
Alaska | Injury, death or property damage worth over $2,000 | 10 days | License suspension for not more than 30 days; a fine of not more than $200, imprisonment for not more than 90 days or both |
Arizona | No state law requiring the driver involved in an accident to file a police report | None | None |
Arkansas | Injury, death or property damage worth over $1,000 | Immediate (death or injury) or 30 days (property damage) | License suspension and/or a $100 fine |
California | Injury, death or property damage worth over $1,000 | 10 days | License suspension |
Colorado | Death, injury or any property damage over $1,000 | 10 days | Class 2 misdemeanor (up to 90 days in jail and up to $300 fine) |
Connecticut | Injury, death or property damage worth over $1,000 | 5 days | $75 to $600 fine, imprisonment for up to five years or both for first offense; fine of up to $20,000, imprisonment for up to 20 years if accident caused death or serious injury |
Delaware | Injury, death or property damage worth over $500 | Immediately | $230 to $1,150 fine, imprisonment for 60 days to six months |
District of Columbia | Property damage more than $250 | 5 days | $100 to $2,500 fine, imprisonment up to 180 days for first offense |
Florida | Death or injury, property damage worth over $500 | As soon as possible | $30 fine |
Georgia | Injury, death or property damage over $500 | Immediately | Up to $1,000 fine, imprisonment for up to one year |
Hawaii | Injury, death or property damage worth over $3,000 | Immediately | At least $100 fine |
Idaho | Injury, death or property damage worth over $1,500 | Immediately | Up to $1,000 fine, imprisonment for up to six months and license suspension for up to one year |
Illinois | Injury, death or property damage worth over $1,500 or $500 if any vehicle is uninsured | 10 days | Class A misdemeanor (up to $2,500 fine, imprisonment for up to one year) |
Indiana | Injury, death or property damage worth over $1,000 | Immediately | Class B misdemeanor (up to $500 fine, imprisonment for up to 60 days, license suspension or revocation) |
Iowa | Report not required for an accident with death, injury or damage of $1,500 or more if the accident was investigated by the police | 3 days if a report is required | Up to $1,500 fine, imprisonment for up to one year |
Kansas | Injury, death or property damage worth over $1,000 | Immediately | License suspension, imprisonment for up to one month |
Kentucky | Injury, death or property damage worth over $500 | 10 days | Fine of $20 to $100 |
Louisiana | Injury, death or property damage over $500 | Immediately | Up to $100 fine, imprisonment for up to 60 days |
Maine | Injury, death or property damage worth over $1,000 | Immediately | Imprisonment for 6 months and a $1,000 fine |
Maryland | Death or injury | 15 days | Imprisonment for up to 60 days, $500 fine, 8 points on driving record |
Massachusetts | Injury, death or property damage worth over $1,000 | 5 days | License suspension |
Michigan | Injury, death or property damage worth over $1,000 | Immediately | Imprisonment for not more than 90 days, a fine of not more than $100 or both |
Minnesota | Injury, death or property damage worth over $1,000 | 10 days | License suspension |
Mississippi | Injury, death or property damage worth over $500 | 10 days | License suspension |
Missouri | Injury, death or property damage worth over $500 | 5 days | License suspension, fine or possible misdemeanor charge |
Montana | Injury, death or property damage worth over $1,000 | Immediately | Misdemeanor ($200 to $300 fine or imprisonment for 20 days) |
Nebraska | Injury, death or property damage worth over $1,500 | 10 days | Class V misdemeanor (maximum fine of $100) |
Nevada | Injury, death or property damage worth over $750 | 10 days | Driving privileges suspension for maximum of 1 year |
New Hampshire | Injury, death or property damage worth over $1,000; driver report not required if police file report | 15 days | Felony if the accident caused death or injury, misdemeanor if there was only property damage |
New Jersey | Injury, death or property damage worth over $500 | 10 days | License suspension, $30 to $100 fine |
New Mexico | Injury, death or property damage worth over $500 | 5 days | Up to $1,000 in fines, imprisonment up to six months if only property damage involved |
New York | Injury, death or property damage worth over $1,000 | 10 days | Fine up to $250, 15 days imprisonment or both |
North Carolina | Injury, death or property damage worth over $1,000 | Immediately | Misdemeanor charge, license suspension for up to 30 days |
North Dakota | Injury, death or property damage worth over $4,000; report not required for property damage only with an undomesticated animal | Immediately | $50 fine, license suspension |
Ohio | Injury, death or property damage worth over $1,000 | 5 days | Misdemeanor charge |
Oklahoma | Injury, death or property damage worth over $500 | Immediately (death or injury) or 6 months (property damage) | License suspension |
Oregon | Injury or death, more than $2,500 in damage to driver’s vehicle, more than $2,500 in damage to any vehicle, any vehicle towed from the scene, more than $2,500 of any property damage (not including a vehicle); 911 call required if there’s an injury or fatality | 72 hours | License suspension |
Pennsylvania | Death, injury or disabled vehicle | 5 days | $2,500 fine, imprisonment for up to one year |
Rhode Island | Injury, death or property damage worth over $1,000 | 21 days | License suspension |
South Carolina | Injury, death or property damage worth over $1,000 | 15 days | Misdemeanor and license suspension |
South Dakota | Death, injury, property damage worth over $1,000 to 1 person’s property or $2,000 of total property damage | Immediately | Class 1 misdemeanor ($2,000 fine, one year of imprisonment or both) |
Tennessee | Injury, death or property damage worth over $50 | Immediately (death, injury or property damage of $50 to $400) or 20 days (death, injury or property damage worth over $400) | License and registration suspension |
Texas | Injury, death or property damage worth over $1,000 | Immediately (death or injury) or 10 days (property damage) | License suspension |
Utah | Injury, death or property damage worth over $1,500 | 10 days | Third-degree felony, up to $750 fine |
Vermont | Injury, death or property damage worth over $3,000 | 3 days | Up to $1,000 fine |
Virginia | Property damage, death or injury | Immediately | Class 4 misdemeanor (up to $250 fine) |
Washington | Injury, death or property damage worth over $1,000 | 4 days | Fine of $550 or more |
West Virginia | Injury, death or property damage worth over $1,000 | Immediately | Up to $150 fine |
Wisconsin | Injury, death or property damage worth over $1,000 or government property damage of $200 or more | Immediately to law enforcement by quickest means of communication | $300 to $1,000 fine, imprisonment for up to 6 months |
Wyoming | Injury, death or property damage worth over $1,000 | Immediately | Up to $5,000 fine, imprisonment for up to 1 year1 |
If your accident doesn’t fall into the above circumstances in your state, then you’re not required legally to file a police report. However, to ensure you’re covered under a claim, it’s a good idea to file a police report as it can serve as valuable evidence to support your claim.
“You usually won’t need a police report if the car accident is minor, meaning there are no individuals hurt or injured and there’s only minor damage to the cars involved,” says Adekola. “But having one can make the claims process proceed much faster as it helps prove the validity of your claim or your account of the accident.”
“The bigger the accident and the more significant the damages, then the more important it becomes to get a police report to include when filing an insurance claim,” says Holub.
You have a set amount of time when you can file a police report and receive personal injury or damage claims. Check your state’s statute of limitations below.
It’s best to file a police report as soon as possible after an accident; that will shorten the length of the claims process.
State | Statute of limitations for personal injury claims (in number of years) | Statute of limitations for property damage claims (in number of years) |
---|---|---|
Alabama | 2 | 2 |
Alaska | 2 | 2 |
Arizona | 2 | 2 |
Arkansas | 3 | 3 |
California | 2 | 3 |
Colorado | 3 | 3 |
Connecticut | 2 | 2 |
Delaware | 2 | 2 |
District of Columbia | 3 | 3 |
Florida | 4 | 4 |
Georgia | 2 | 4 |
Hawaii | 2 | 2 |
Idaho | 2 | 3 |
Illinois | 2 | 5 |
Indiana | 2 | 2 |
Iowa | 2 | 5 |
Kansas | 2 | 2 |
Kentucky | 1 | 2 |
Louisiana | 2 | 2 |
Maine | 6 | 6 |
Maryland | 3 | 3 |
Massachusetts | 3 | 3 |
Michigan | 3 | 3 |
Minnesota | 6 | 6 |
Mississippi | 3 | 3 |
Missouri | 5 | 5 |
Montana | 3 | 2 |
Nebraska | 4 | 4 |
Nevada | 2 | 3 |
New Hampshire | 3 | 3 |
New Jersey | 2 | 6 |
New Mexico | 3 | 4 |
New York | 3 | 3 |
North Carolina | 3 | 3 |
North Dakota | 6 | 6 |
Ohio | 2 | 2 |
Oklahoma | 2 | 2 |
Oregon | 2 | 6 |
Pennsylvania | 2 | 2 |
Rhode Island | 3 | 10 |
South Carolina | 3 | 3 |
South Dakota | 3 | 6 |
Tennessee | 1 | 3 |
Texas | 2 | 2 |
Utah | 4 | 3 |
Vermont | 3 | 3 |
Virginia | 2 | 5 |
Washington | 3 | 3 |
West Virginia | 2 | 2 |
Wisconsin | 3 | 3 |
Wyoming | 4 | 42 |
If you get into an accident, it’s best to report it to the police before filing a claim with your insurance provider. Here’s how.
Don’t automatically go with the repair shop estimates your insurance provider gives you. Call around to get quotes from multiple repair shops, and don’t be afraid to choose one that’s out of network.
If you are involved in a car accident, your instinct may be to exchange information with the other driver and get home as quickly as possible, but it’s important to call a police officer and make a report. It could be the difference between getting a claim covered and paying out of pocket.
If you need help, you may want to call a car accident attorney; they can help you get compensated for everyone involved in the accident. You may even be able to get a free case evaluation at some firms.
The best auto insurance companies have fair and transparent claims practices and will do their best to help you get the claim filed with the information you have.
State-by-State Laws & Requirements for Reporting a Car Accident. Enjuris. (2024).
https://www.enjuris.com/car-accident/accident-reporting-requirements.html
STATUTES OF LIMITATIONS FOR ALL 50 STATES. Matthiesen, Wickert & Lehrer, S.C. Law Firm. (2024, Sept 5).
https://www.mwl-law.com/wp-content/uploads/2018/02/SOL-CHART-2.pdf