Can You File a Car Accident Claim Without a Police Report?

POLK - Can You File a Car Accident Claim Without a Police Report
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If you’ve been in a car accident in Minnesota, you may wonder whether you need to file a police report. In addition to being legally required in the event of injury or death, reporting your accident can make a big difference if you file an insurance claim or lawsuit. Our experienced Eagan car accident attorneys can help you get a copy of your police report and build the strongest claim possible on your behalf. Contact us online or call (651) 360-2863 today for your free case evaluation.

Key Takeaways
  • In Minnesota, you must report accidents to the police if they result in injury or death.
  • Having a police report after a car accident can also provide key evidence for your insurance claim or personal injury lawsuit
  • Lack of a police report may potentially create a reasonable basis for insurance companies to deny your claim.

Are You Required To Call the Police to the Scene of Your Accident in Minnesota?

Under Minnesota law, you must report car accidents to law enforcement if they result in injury or death. Anyone involved in the car crash should stop and call law enforcement to the scene so an investigation into the crash can be opened. You should also provide reasonable assistance to anyone hurt in the crash. 

The police officer investigating the accident will ask for vehicle insurance and report the crash to the commissioner of public safety within 10 days. As a driver involved in the crash, you should also exchange names, addresses, insurance information, and license plate numbers with all other involved drivers.

Why You Should File a Police Report After Your Auto Accident

In addition to complying with the law, reporting an accident to the police can provide crucial evidence for your case. Because they are prepared by law enforcement officers, crash reports are also presumed to have some authoritative weight. A crash report typically includes important information like:

  • Date, Time, and Location – Precise details about when and where the accident occurred.
  • Driver and Vehicle Information – Names, contact information, insurance details, and vehicle descriptions (make, model, license plate numbers) for drivers involved.
  • Descriptions of Damages – A summary of visible damage to vehicles and property.
  • Injuries and Medical Assistance – Details of injuries and whether emergency medical services were called.
  • Witness Statements – Contact information and accounts from witnesses.
  • Police Officer’s Observations – Notes from the investigating officer, including any citations issued.
  • Environmental and Road Conditions – Information on weather, lighting, road surface conditions, and other contributing factors.

Copies of police reports on car crashes are accessible through the Minnesota Driver and Vehicle Services (DVS). You can obtain a report by submitting a Crash Records Request to DVS at your nearest office or by mail. There is a $5 fee. You should try to get a copy of your police report as soon as possible so you have the information on hand before taking legal action. Our attorneys can help. 

Can An Insurance Company Deny Your Claim if You Don’t Have a Police Report?

Potentially. Minnesota insurance companies are bound by the state’s “good faith” statute, which means they must have a reasonable basis for denying claims. In turn, policyholders must provide evidence (“proof of loss”) showing that they are entitled to payment under a policy. 

Ideally, a police report should provide an objective account of a car crash, including how it occurred, who may have been at fault, vehicle damage, and other important information. Without a police report, an insurance company may argue that you have insufficient evidence, giving them a reasonable basis to deny your claim.

What Information Should I Provide if I Don't Have a Police Report?

Even if you don’t have a police report, insurers will want the date, time, and location of the accident, names and contact information of other parties, details of the vehicles involved, and details about the damage and injuries sustained. When filing a claim with your own insurer, you are required to cooperate with their investigation, including by providing basic information about the accident. 

However, you are not required to speak with the at-fault party’s insurer. If they ask for a recorded statement, decline and refer them to your attorney. All insurers aim to protect their bottom lines by denying as many claims as possible. Having an attorney handle communication with adjusters is the best way to protect your right to compensation.

How Our Car Accident Attorneys Can Help

Even though a police report can be critical to the success of your car accident insurance claim or lawsuit, not having one isn’t a guaranteed death sentence for your case. A capable car accident attorney can help you fill in the gaps when a police report isn’t available. 

If you walk away from the crash scene without reporting the incident to the police, the car accident attorneys at Sieben Polk can still help. We’ll do the heavy lifting for you to build a strong case using other evidence, such as witness testimony, photos or videos of the crash, and medical records, to protect your rights in settlement negotiations and court.

The Minnesota car accident injury statute of limitations normally gives you six years to file a claim in the event of a car accident. Subject to limited exceptions, failure to file on time will result in your case being dismissed. Further, the more time passes after an accident, the more time there is for evidence to disappear, compromising the viability of your claim.

Reach Out Today For Your Free Consultation

You have options after being injured in a car accident. Sieben Polk, P.A. is here to ensure you understand your legal rights. Even without a police report, you may be entitled to significant legal compensation. Contact us online or call (651) 437-3148 today for your free, no-obligation case evaluation. 

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