I Didn’t File a Police Report After My Car Accident. What Now?

If you’ve been involved in a car accident in Arizona, one of the first things to do is to file a police report. But what happens if a police report is not filed after your car accident? How does this affect your ability to seek compensation for your damages and injuries?

If you do not file a police report, you put your compensation at risk, and you may be at risk of legal consequences as well. Yet, there are times when you cannot file because of your injuries.

Let’s explore the implications of not having a police report after a car accident in Arizona and what steps you can take to protect your rights and interests. If you have further questions, contact our Phoenix car accident lawyers for advice.

Arizona Law on Reporting Car Accidents

Under Arizona Revised Statutes (ARS) 28-663, the driver of a vehicle involved in an accident resulting in injury, death, or property damage exceeding $1,000 must immediately notify the local police department, county sheriff, or nearest highway patrol office. Failure to do so could result in criminal charges, including a class 3 misdemeanor.

However, if the accident only involves property damage and the estimated damages are less than $1,000, drivers are not legally required to report the accident to law enforcement. Instead, they can exchange information with the other parties involved and file a report with the Arizona Department of Transportation (ADOT) within 10 days if the damages exceed $500.

This means that for minor car accidents where there are no injuries and very little property damage, you’re not required to file a report. However, not having a report may bring other consequences for your compensation claim.

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Consequences of Not Having a Police Report

While not having a police report after a minor car accident may not seem like a big deal, it can have significant consequences when it comes to seeking compensation for your damages and injuries. Some of the potential issues you may face include:

Disputed liability: Without an official police report documenting the details of the accident, it may be more difficult to prove who was at fault. This can lead to disputes with the other driver and their insurance company, who may deny liability or blame you for the accident.
Lack of evidence: A police report can provide valuable evidence to support your claim, such as witness statements, driver statements, and the officer’s observations and opinions. Without this evidence, it may be harder to prove the extent of your damages and the cause of the accident.
Delayed or denied claims: Insurance companies may be more skeptical of claims that are not accompanied by a police report. They may delay processing your claim or even deny it altogether after they work to determine fault in your accident.
Difficulty pursuing legal action: If you need to file a personal injury lawsuit to seek compensation for your damages, your attorney may have to work harder to gather evidence and prove liability, which can prolong the legal process and increase your costs.

What to Do if a Police Report Was Not Filed

If a police report was not filed after your car accident in Arizona, don’t panic. There are still steps you can take to protect your rights and interests:

Gather your own evidence: If you are able, take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from any witnesses who saw the accident. Keep copies of any medical bills, repair estimates, or other documents related to your damages.
Notify your insurance company: Even if you don’t have a police report, you should still report the accident to your own insurance company as soon as possible. Provide them with as much information as you can about the accident, including any evidence you have gathered.
Consult with an attorney: If you’ve suffered significant damages or injuries, or if you’re having trouble getting the other driver’s insurance company to cooperate, it may be in your best interests to consult with an experienced car accident attorney. They can help you understand your legal options and advocate for your rights.
File a report with ADOT: If the estimated damages from the accident exceed $500, you can file a report with the Arizona Department of Transportation yourself within 10 days of the accident. This will create an official record of the accident.
Be cautious when communicating with the other driver’s insurance company: If the other driver’s insurance company contacts you, be careful about what you say. Stick to the facts of the accident and avoid admitting fault or downplaying your injuries. Consider referring them to your attorney if you have one.

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Prevention and Protection

Of course, the best way to avoid the consequences of not filing a police report is to make sure one is filed in the first place. If you’re involved in a car accident in Arizona, always err on the side of caution and contact law enforcement, especially if there are injuries or significant property damage.

Not having a police report after a car accident in Arizona can create challenges when it comes to seeking compensation for your damages and injuries. It can lead to disputes over liability, lack of evidence, delayed or denied insurance claims, and difficulty pursuing legal action.

If you’ve been involved in a car accident in Arizona, don’t wait to seek help. Contact Zanes Law for assistance.

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