I forgot to report the injury to the police, can I still file a personal injury claim?
Introduction
It might be a case that you face an accident and forget to report your personal injury to the police. You may slip into a state of panic and shock and later, you realise that you should have reported the accident to the police. But now you wonder, “Can I still file my personal injury claim despite not having a police report?”
The answer is “yes.” While a police report is indeed a strong piece of evidence in proving the fault of a party, its absence cannot, in all cases, lead to the failure of your personal injury claim. What matters the most is that you are able to establish the other party’s fault in the committal of the injury.
Police reports might be important in tracking down safety data across a city, but they cannot be responsible for quantifying the compensation.
One of the important reasons why a police report is not mandatory in filing a personal injury claim is that it is usually not considered as conclusive evidence. Parts of a police report may be inadmissible due to the hearsay rule, but factual observations can still support your claim.
This guide by Rathee Law Firm simplifies the entire personal injury claim process in the absence of a police report.
Is a police report mandatory and legally required to file a personal injury claim?
A police report is an official document prepared by police or legal enforcement agencies. It includes:
- Crucial accident details
- Contact info of involved parties
- Timeline of events
Although a police report strengthens your claim, its absence does not eliminate your right to claim compensation.
Some state laws require reporting certain accidents, but failure to report does not automatically bar civil personal injury claims.
More critical factors include:
- Establishing the other party’s negligence
- Medical records
- Witness statements
- Other evidence: photos, footage, contact details
Process to file a personal injury claim without a police report
Follow this step-by-step guide:
-
Get medical treatment
- Medical reports support your claim
- Don’t delay treatment
-
Document the accident scene
- Take photos and videos
- Preserve every piece of evidence
-
Gather contact information
- Names, phone numbers, addresses of witnesses and involved parties
-
Notify your insurer
- Initiate the claim process early
-
Seek legal guidance
- A personal injury lawyer helps gather evidence and determine the best legal strategy
Injury cases where you can file a claim even without a police report
Some cases don’t require a police report:
-
Slip and Fall Incidents
- Use photographs, medical records, witness statements
-
Minor Motor Vehicle Accidents
- Low-speed collisions without serious injuries
-
Workplace Injuries
- Use employer reports, OSHA records, witness testimonies
-
Accidents on Private Property
- Police are not usually involved
When lack of police report affects your personal injury claim
- Timelines and circumstances may be harder to prove
- Credibility of your account may be questioned
- Delays in claim processing due to lack of strong initial evidence
Despite these, alternative evidence can still support your claim.
Role of additional and alternative evidence
To support your personal injury claim:
- Prove liability – via witness statements, photos, etc.
- Quantify compensation – via medical bills, lost wages, etc.
- Establish causation – via expert testimony, treatment records
Fallbacks in filing a claim without a police report
- Difficult to prove liability
- Insurance companies may scrutinize alternative evidence more
- State laws may complicate filing without reporting
Still, you always have legal recourse even if your claim is delayed or denied.
How hiring a personal injury lawyer strengthens your claim
A lawyer can:
- Help gather and organize critical documents
- Navigate contributory negligence rules based on state law
- Use negotiation skills to maximize compensation
- Strengthen your claim even without a police report
Conclusion
A police report helps, but is not mandatory to file a personal injury claim in the U.S.
- Gather strong medical records, witness statements, photos
- Take prompt and strategic action
- A lawyer can guide you through the process
References
- https://www.woodcarlton.com/common-mistakes-to-avoid-when-filing-a-personal-injury-claim
- https://ceolawyer.com/blog/no-police-report-after-an-accident-can-you-still-file-a-claim/
- https://www.rodmanlawoffice.com/blog/can-i-file-an-accident-claim-if-there-was-no-police-report/
- https://advocatesusa.com/can-you-file-a-claim-for-damages-and-injuries-without-a-police-report/
- https://acelakhani.com/can-you-still-file-a-claim-if-you-didnt-call-the-police/
- https://www.richmondinjurylawfirm.com/no-police-report-heres-what-that-means-for-your-accident-claim/
