How Long Do You Have to File a Police Report After a Car Accident?

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Car Accident Report Requirements

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You have only a short time to file a police report after an accident.

For example, in states such as California, you only have 10 days after the day of the accident to file. the deadline is even stricter in other states.

If you fail to file a police report, you may have trouble making auto insurance claims and proving personal injuries were caused by the accident.

The report details the observable facts of the accident scene and is considered an official document with implications for any legal compensation claims made after the fact.

If police are not called to the scene of the accident, or don't arrive - it is often the responsibility of the drivers to report the accidentif certain thresholds are met.

Official documents like the accident report become very important when involved parties dispute what happened after an accident.

Review the deadlines below and then read the guide to help you understand why police reports are so important after a car accident and how to ensure you submit them on time.

 

 

State Deadlines and Requirements to File Accident

The following is a list of state deadlines to file a written crash report to mandated by law.



State Filing Rules
Alabama
30 Days - In the event of injuries or property damage exceeds $250 - Failure can result in license suspension
Alaska
10 Days / 15 Days Certificate of Insurance - Failure can result in drivers license suspension
Arizona
24 Hours - In the event of injuries, death, or over $2,000 worth of damage to the drivers or vehicles involved.
Arkansas
30 Days
California
24 Hours (Police) / 10 Days (DMV) - In the event of injuries or exceeding $1,000 in damages
Colorado
60 Days - Failure to report can result in 10 to 90 days in jail, and up to $300 in fines.
Connecticut
5 Days - Damages exceeding $1,000
Delaware
Immediately - Any injury or damages exceeding $500
District of Columbia (DC)
 
Florida
10 Days - Failure to report results in a citation
Georgia
Immediately - Damages exceeding $500 Failure to report may result in fines, jail time, and/or license suspension
Hawaii
24 Hours - Every driver involved must submit report to Chief of Police in addition to notifying local law enforcement
Idaho
24 Hours
Illinois
10 Days
Indiana
10 Days
Iowa
72 Hours
Kansas
Only required to report if police did not show up to scene and damages exceed $1,000 or injuries were sustained
Kentucky
10 Days - Damages in excess of $500 or injured parties
Louisiana
24 Hours
Maine
Immediately - Death, injury, or property damage more than $1,000
Maryland
15 Days - In the event of death or injury
Massachusetts
5 Days - Death, injury, or property damage more than $1,000
Michigan
3 Days
Minnesota
24 Hours
Mississippi
10 Days if someone is hurt or the property damage exceeds $250
Missouri
30 Days
Montana
10 Days
Nebraska
10 Days
Nevada
10 Days - Injuries and/or there is $1,000 or more in damage caused by the accident
New Hampshire
15 Days - Personal injury vehicle/property damage in excess of $1,000
New Jersey
10 Days
New Mexico
5 Days
New York
10 Days
North Carolina
24 Hours
North Dakota
Immediately - Death, injury, or property damage more than $1,000
Ohio
Immediately - All crashes
Oklahoma
6 Months
Oregon
72 Hours
Pennsylvania
5 Days
Puerto Rico
1 Year
Rhode Island
21 Days
South Carolina
15 Days
South Dakota
Immediately - When a person is injured or killed or property damage exceeds $1,000
Tennessee
20 Days 
Texas
10 Days
Utah
10 Days - Death, injury, or property damage more than $1,000
Vermont
72 Hours
Virginia
24 Hours - Accidents resulting in injury, death, or property damage
Washington
4 Days - Law enforcement will file the report in most cases
West Virginia
10 Days
Wisconsin
Immediately - Accidents involving injury or death
Wyoming
10 Days

 

What Are there Consequences for Don't File In Time?

Yes, there are serious consequences for not filing a report on time in most states.

If you are involved in a serious car accident (or even a minor fender bender) that meets your state’s reporting limits and you fail to report the accident, you may even be guilty of a crime. Additionally, you may lose your right to recover compensation for your injuries and property damage.

The penalties involved depend on the state. In California, for example, you can face license suspension if you fail to report a qualifying accident.

The good news is that you will not be personally responsible for making sure the report is made in most cases.

In the majority of auto accidents you only need to call the police to the scene of the collision. In most cases they will issue a copy of the police report to you and file it with the city.

You should check your state laws immediately after an accident to avoid any complications. Our accident lawyer can also instruct you on the specific requirements when during your free consultation.

Do You Have to Contact Your Insurance Company after an Accident?

You should always contact your insurance provider after an accident. Unlike police reports, it’s usually not a crime to fail to report an accident to your insurance, but that doesn’t mean the consequences aren’t serious.

Reporting all qualifying accidents is a requirement of most car insurance policies nationwide. If you fail to report an accident, your policy may be nullified completely, and you’ll may be unable to pursue any claim against your insurance policy.

Furthermore, you should file a claim because your judgment of an accident may not always be correct. If you fail to inform your insurance company — and then discover that property damage or personal injuries are far more severe than you first thought — you may lose your right to make compensation claim.

accident injury claim compensation guide

What is the Difference Between an Accident Report and a Police Report?

Police Reports and Accidents Reports don’t have an important difference. You can think of accident reports as a special kind of police report that covers only auto accidents.

It will cover details like the time of the accident, driver’s license information, and the location.

Accident reports will have to be created for most motor vehicle accidents (even minor accidents). In many cases, you will not have to take action to create the reports yourself because police officers or highway patrol officers will arrive at the scene of the accident and write up a report that you can request.

Your state may require you to report an accident if the damage rises above a certain threshold or if it was impossible to get the other driver’s insurance.

Not all accidents will meet the legal reporting requirements. Minor scrapes where both drivers stop and share their insurance information can be handled without involving law enforcement.

If property damage or other factors require you to report the accident in your state, and law enforcement does not arrive, you must call in the report to your local police station or Department of Motor Vehicles (DMV).

While not all accidents involve crimes, some do. Police reports may be the first step you take toward having criminal behavior against you recognized.

  • A driver involved in the accident fled the scene (a hit-and-run)
  • A driver involved in the accident was visibly impaired
  • A driver appeared to cause the accident deliberately (road rage)
  • A driver involved in the accident had a car in illegal condition (illegal modifications, obstructed vision, missing plates or tags)

This information has critical implications for compensation claims after an accident.

Criminal conviction is significant proof of responsibility, and the first police report will establish some important baseline facts you can use to build a case.

Civil cases and criminal cases are separate, but if the other driver is charged and convicted in a criminal case (for example, of drunk driving), you will be able to use it as evidence of their culpability for your injuries.

civil litigation court for injury claims

How Police Reports Help Your Injury Claims

The police report can help you make your case more effective in court as it documents what happened and what can be found at the scene of the accident. If you were not the motorist responsible for the accident, any important details covered by the report would be useful in making your case against an at-fault driver.

Police reports are considered to be trustworthy statements of fact by the courts. Anything that you want to prove will be much easier to prove if it is included in the report.

You should seek legal advice if you are having trouble getting a report from your local police department or if the police report you’ve received contains errors concerning the accident scene. It is important to respond to errors in the early days of the accident, and your injury attorney can help.

Can A Police Report Affect the Value of Recoverable Damages?

Having a police report available as evidence may be very helpful for your personal injury lawyer. It may be used to prove the amount of responsibility the other driver has for the accident. This can impact the amount you are awarded in some states.

Get Help to Prove Fault and Liability

You have a limited time to file a police report after you have been in an car crash. Now that you understand the importance of reports and the risks of not submitting one, you should make sure that you decide to file a report as soon as possible.

A car accident lawyer can help you throughout the entire process. Your lawyer will be able to help you understand all of the time limits that apply and what your personal responsibilities are when you are involved in a car crash.

 

 

 

Need a Lawyer?


Let's See If You Have a Case...

Please select what happened?
Were you injured / hurt?
What is the primary type of injury?
Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
When did the accident happen?
Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you
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