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Last updated: December 19, 2024

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

More importantly, should you?

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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.

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

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.

Why Police Reports Help Claims

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.”

What Happens if You Don’t Report a Car Accident?

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.

Will I Receive Compensation Without a Police Report?

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:

  • Location, date and time of the crash
  • Contact, driver’s license and insurance information of all parties
  • Extent of the vehicle damage
  • Eyewitness statements
  • Medical records
  • Photos and/or videos from the scene of the accident
  • Traffic or surveillance footage
  • Make, model and license plates of vehicles involved

“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.

When You Need and Don’t Need a Police Report

You only need to file a police report after an accident under certain circumstances.

When You Need to File a Police Report

Each state has different reporting requirements and deadlines to file reports.

StateAccident reporting requirementsDeadline to file a police reportPenalties for not reporting
AlabamaInjury, death or property damage worth over $250 by an uninsured motorist30 daysClass 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
AlaskaInjury, death or property damage worth over $2,00010 daysLicense suspension for not more than 30 days; a fine of not more than $200, imprisonment for not more than 90 days or both
ArizonaNo state law requiring the driver involved in an accident to file a police reportNoneNone
ArkansasInjury, death or property damage worth over $1,000Immediate (death or injury) or 30 days (property damage)License suspension and/or a $100 fine
CaliforniaInjury, death or property damage worth over $1,00010 daysLicense suspension
ColoradoDeath, injury or any property damage over $1,00010 daysClass 2 misdemeanor (up to 90 days in jail and up to $300 fine)
ConnecticutInjury, death or property damage worth over $1,0005 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
DelawareInjury, death or property damage worth over $500Immediately$230 to $1,150 fine, imprisonment for 60 days to six months
District of ColumbiaProperty damage more than $2505 days$100 to $2,500 fine, imprisonment up to 180 days for first offense
FloridaDeath or injury, property damage worth over $500As soon as possible$30 fine
GeorgiaInjury, death or property damage over $500ImmediatelyUp to $1,000 fine, imprisonment for up to one year
HawaiiInjury, death or property damage worth over $3,000ImmediatelyAt least $100 fine
IdahoInjury, death or property damage worth over $1,500ImmediatelyUp to $1,000 fine, imprisonment for up to six months and license suspension for up to one year
IllinoisInjury, death or property damage worth over $1,500 or $500 if any vehicle is uninsured10 daysClass A misdemeanor (up to $2,500 fine, imprisonment for up to one year)
IndianaInjury, death or property damage worth over $1,000ImmediatelyClass B misdemeanor (up to $500 fine, imprisonment for up to 60 days, license suspension or revocation)
IowaReport not required for an accident with death, injury or damage of $1,500 or more if the accident was investigated by the police3 days if a report is requiredUp to $1,500 fine, imprisonment for up to one year
KansasInjury, death or property damage worth over $1,000ImmediatelyLicense suspension, imprisonment for up to one month
KentuckyInjury, death or property damage worth over $50010 daysFine of $20 to $100
LouisianaInjury, death or property damage over $500ImmediatelyUp to $100 fine, imprisonment for up to 60 days
MaineInjury, death or property damage worth over $1,000ImmediatelyImprisonment for 6 months and a $1,000 fine
MarylandDeath or injury15 daysImprisonment for up to 60 days, $500 fine, 8 points on driving record
MassachusettsInjury, death or property damage worth over $1,0005 daysLicense suspension
MichiganInjury, death or property damage worth over $1,000ImmediatelyImprisonment for not more than 90 days, a fine of not more than $100 or both
MinnesotaInjury, death or property damage worth over $1,00010 daysLicense suspension
MississippiInjury, death or property damage worth over $50010 daysLicense suspension
MissouriInjury, death or property damage worth over $5005 daysLicense suspension, fine or possible misdemeanor charge
MontanaInjury, death or property damage worth over $1,000ImmediatelyMisdemeanor ($200 to $300 fine or imprisonment for 20 days)
NebraskaInjury, death or property damage worth over $1,50010 daysClass V misdemeanor (maximum fine of $100)
NevadaInjury, death or property damage worth over $75010 daysDriving privileges suspension for maximum of 1 year
New HampshireInjury, death or property damage worth over $1,000; driver report not required if police file report15 daysFelony if the accident caused death or injury, misdemeanor if there was only property damage
New JerseyInjury, death or property damage worth over $50010 daysLicense suspension, $30 to $100 fine
New MexicoInjury, death or property damage worth over $5005 daysUp to $1,000 in fines, imprisonment up to six months if only property damage involved
New YorkInjury, death or property damage worth over $1,00010 daysFine up to $250, 15 days imprisonment or both
North CarolinaInjury, death or property damage worth over $1,000ImmediatelyMisdemeanor charge, license suspension for up to 30 days
North DakotaInjury, death or property damage worth over $4,000; report not required for property damage only with an undomesticated animalImmediately$50 fine, license suspension
OhioInjury, death or property damage worth over $1,0005 daysMisdemeanor charge
OklahomaInjury, death or property damage worth over $500Immediately (death or injury) or 6 months (property damage)License suspension
OregonInjury 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 fatality72 hoursLicense suspension
PennsylvaniaDeath, injury or disabled vehicle5 days$2,500 fine, imprisonment for up to one year
Rhode IslandInjury, death or property damage worth over $1,00021 daysLicense suspension
South CarolinaInjury, death or property damage worth over $1,00015 daysMisdemeanor and license suspension
South DakotaDeath, injury, property damage worth over $1,000 to 1 person’s property or $2,000 of total property damageImmediatelyClass 1 misdemeanor ($2,000 fine, one year of imprisonment or both)
TennesseeInjury, death or property damage worth over $50Immediately (death, injury or property damage of $50 to $400) or 20 days (death, injury or property damage worth over $400)License and registration suspension
TexasInjury, death or property damage worth over $1,000Immediately (death or injury) or 10 days (property damage)License suspension
UtahInjury, death or property damage worth over $1,50010 daysThird-degree felony, up to $750 fine
VermontInjury, death or property damage worth over $3,0003 daysUp to $1,000 fine
VirginiaProperty damage, death or injuryImmediatelyClass 4 misdemeanor (up to $250 fine)
WashingtonInjury, death or property damage worth over $1,0004 daysFine of $550 or more
West VirginiaInjury, death or property damage worth over $1,000ImmediatelyUp to $150 fine
WisconsinInjury, death or property damage worth over $1,000 or government property damage of $200 or moreImmediately to law enforcement by quickest means of communication$300 to $1,000 fine, imprisonment for up to 6 months
WyomingInjury, death or property damage worth over $1,000ImmediatelyUp to $5,000 fine, imprisonment for up to 1 year1

When You Don’t Need to File a Police Report

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.

When to File a Police Report

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.

NOTE

It’s best to file a police report as soon as possible after an accident; that will shorten the length of the claims process.

StateStatute of limitations for personal injury claims (in number of years)Statute of limitations for property damage claims (in number of years)
Alabama22
Alaska22
Arizona22
Arkansas33
California23
Colorado33
Connecticut22
Delaware22
District of Columbia33
Florida44
Georgia24
Hawaii22
Idaho23
Illinois25
Indiana22
Iowa25
Kansas22
Kentucky12
Louisiana22
Maine66
Maryland33
Massachusetts33
Michigan33
Minnesota66
Mississippi33
Missouri55
Montana32
Nebraska44
Nevada23
New Hampshire33
New Jersey26
New Mexico34
New York33
North Carolina33
North Dakota66
Ohio22
Oklahoma22
Oregon26
Pennsylvania22
Rhode Island310
South Carolina33
South Dakota36
Tennessee13
Texas22
Utah43
Vermont33
Virginia25
Washington33
West Virginia22
Wisconsin33
Wyoming442

Reporting an Accident vs. Filing a Claim

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.

Reporting an Accident

  1. Call the police or highway patrol so they can make a police report.
  2. Ask each officer for their names and badge numbers. Write them down.
  3. If the police are unable to come to the scene, go to the local police station and fill out an accident report.
  4. Get a copy of the report, or ask your car accident lawyers to get a copy for you.

Filing a Claim

  1. File an insurance claim, including your police report.
  2. Your insurance provider will file a claim with the other party’s insurance provider, and the insurance companies will communicate about the car accident claim.
  3. You’ll work with an insurance adjuster to determine fault. Give them a copy of the police report and any other information they request.
  4. If the accident is your fault, your insurance provider will pay the other party’s damage and bodily injury costs up to your limit. If the accident isn’t your fault, you’ll be compensated.

TIP

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.

Recap

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.

Aliza Vigderman
Written by:Aliza Vigderman
Senior Writer & Editor
A seasoned journalist and content strategist with over 10 years of editorial experience in digital media, Aliza Vigderman has written and edited hundreds of articles on the site, covering everything from plan coverages to discounts to state laws. Previously, she was a senior editor and industry analyst at the home and digital security website Security.org, previously called Security Baron. She has also contributed to The Huffington Post, SquareFoot, and Degreed. Aliza studied journalism at Brandeis University.

Citations

  1. State-by-State Laws & Requirements for Reporting a Car Accident. Enjuris. (2024).
    https://www.enjuris.com/car-accident/accident-reporting-requirements.html

  2. 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