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Consequences of Not Filing a Car Accident Police Report

by | Mar 13, 2023 | Accident Basic

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You cannot control unforeseen situations like accidents, but you can always control the hassle after a car accident. The adrenaline rush after an accident can not only cause pain but also result in severe stress that could lead to incorrect decisions. One such decision is not filing a police report of the car accident

What Is an Auto Accident Police Report? 

Immediately after an accident, you are required to call the police to the accident scene to inspect the case and note every detail of the crash. Typically, a police report will contain the following information: 

  • The location of the accident
  • The approximate time of the accident
  • Any injuries to drivers and/or passengers
  • Damage to the vehicles involved in the accident
  • Registration number of the vehicles involved 
  • Statements from the drivers involved
  • Environmental conditions at the time of the accident
  • Roadway and visibility conditions of the site
  • Any other damage to someone else’s property or pedestrians 
  • Statements from other witnesses at the site of the crash
  • Securing contact information (phone number, address, insurance information) from the drivers involved 

The law enforcement officer, based on their observations, will conclude who is responsible for the accident and to what extent. Therefore, what is written in the police report about the accident is of huge importance. Also, make sure that you get a copy of the police report for future reference.

Importance of an Accident Police Report

Unbiased observation

Police reports play a significant role in determining the faults and damage after an accident. You must provide the officer on site with all the information rather than add and change facts later on in the report which could be suspected. Police reports are of utmost importance because they are an unbiased view from a third person. A law enforcement officer doesn’t have any vested interests and thus is expected to be objective in covering multiple facets of the car crash. It is thus advised that your first call after a crash should be 911. 

Your lawyer needs it

If you were involved in a serious accident and failed to arrive at a settlement amount, you might be planning to file a lawsuit. But even here, police reports will have a significant role to play. When you hire a lawyer, the primary focus of the lawyer will be what the police report contains about the accident, or in other words, what is the law enforcement’s evaluation of the crash. 

how long could a car accident impact you

Your insurance company needs it

Not only this but your insurance company will also look for what’s in your police report. The significance increases by multiple times if the report points out the fault to a single party or driver. In states where penalties and punishments are based on a comparative negligence system, the police report plays an extremely important role. The amount of compensation you obtain from your insurance company will also be dependent on the police report. 

Reporting to the DMV

When it comes to reporting accidents, every state has different laws. Although every state requires a DMV report if someone is killed or injured in an accident, others may require it even without this prerequisite. In fact, there is a specific deadline for filing a report in the Department of Motor Vehicles. Additionally, there are specific conditions for filing a DMV report. For example, in Michigan, it is compulsory to report to DMV immediately if there is injury, death, or property damage of more than $500. But every state does not require every accident to be reported to the DMV. 

An accident that generates a police report is automatically filed with the DMV. Even if a police report was filed, it is advisable to file a DMV report as the police may not report the accident to DMV within the specified time limits of your state.

Therefore, it’s your responsibility to file a report in the DMV within the deadline. The deadline could be as low as 4 hours as in Puerto Rico or could be as high as 6 months as in Arizona. Therefore, immediately after an accident, check your state laws and accordingly take the next steps. 

It must be noted that all the parties involved in an accident are required to make their report to the DMV. The other party could file a report and blame you for the accident and you could thus be in a disadvantaged position. 

Do not rely on your insurance company for filing the DMV report as it’s either your own responsibility or that of the police. Insurance companies do communicate with the DMV, but the objective is to study your driving history which directly impacts your insurance coverage, depending on the type of coverage you have and whether you are convicted of a serious driving offense. Several other factors, such as insurance policy lapse, might be a reason why your insurance company contacts the DMV. All in all, nothing seems optimistic about the communication between the insurance company and the DMV after the accident.

How Long Does the Accident Record Remain with the DMV? 

DMV keeps a record of all the accidents reported to it for a certain period, depending upon the state in which the accident happened. For example, in California, the DMV maintains the record of drivers for 3 years, irrespective of who was at fault. The law could be the same or different depending on your state. However, this time frame is only for accident reporting. This time frame is different from other violations such as DUI or speeding that could remain longer on your driving record.

 

How to File a DMV Report

You can file a DMV report online or take out a printed copy and fill out the details in the same. Every state shall require a different form to be filled out. For example, in New York, you are required to fill out the MV-104 form while in others such as  California and New Jersey, you are required to fill out the SR-1 form, that too within a specific time period. 

 

Is a Police Report Different from an Accident Report? 

Police reports are different from accident reports in several ways. Police reports are usually prepared by the law enforcement officer at the scene, and this requires immediate action. Accident reports are registered with the state’s DMV and are generally filled out online. The time period to file an accident report is usually longer than that of a police report (which will again depend on your state). If the police report could not be prepared at the accident site, the driver is legally obligated to contact the police and report the accident at the earliest. 

Consequences of Not Filing a Police Report After an Accident

One of the biggest blunders you could make after an accident is not filing a police report. You might be hesitant to file a report especially when you’re at fault, but reporting to the police is a better option than fleeing away. However, it is suggested that you should never admit your fault while the officer is recording details of the crash. This report plays an important role in further procedures, and it could turn the tables against you. From getting fair compensation from your insurance company to the verdict after a lawsuit, situations could be more problematic if you admit that the fault was entirely yours. 

  • Punishments and penalties:

    As with every other law, punishments, and penalties for failure to file a police report vary from state to state.

    • For example, in Illinois, you could be fined $2,500 or one year of jail. If you flee the place of the accident in Illinois, it would automatically be considered a Hit-and-run case which has more serious penalties. If you leave the place and there was damage exceeding $1,000, your license could be suspended. If there are serious injuries or fatalities due to the accident, your driver’s license could be revoked.
    • In Texas, failure to report could result in a penalty of up to $5,000 and/ or imprisonment.

  • Inability to recover damages:

    An accident report is important because it helps draw a clearer correlation between the accident and the injuries sustained. Many injuries like whiplash and Traumatic Brain Injuries (TBI) are not immediately visible after an accident. If you delay reporting, your insurance company could claim that the injuries were sustained somewhere else. Also, insurance companies will always look at what’s in the police report before they offer and settle compensation.

  • Loss of credibility:

    If you avoid filing a police report and the other party does so, you are under a suspicious eye for not doing so. The other party could blame you even if it wasn’t your fault. Since the law is based on evidence, you could end up bearing the blame where you could have got off scot-free. 

FAQs about Consequences of Not Filing a Car Accident Police Report

A. Can someone else file a police report besides the driver?

Yes, it is not always necessary that the driver should file a police report. If the driver is injured and physically incapable of filing the report, then their passengers should notify the concerned authorities and make a report at the earliest. If the driver was alone at the time of the accident, it is the responsibility of the other driver to report the same to the police. 

If the driver is not the owner of the vehicle, the owner must file the report if the driver is incapable of doing so.

B. Do minor fender-benders need to be reported to the police or the DMV?

Most states require a report to be filed if it reaches the state’s threshold, i.e. injury/ death or damages up to certain bucks. In minor accidents where the damage is not very high, you may not want to call the police, especially if it was your fault. In any case, police on the accident scene are helpful for damage assessment and medical assistance. Sometimes, there are undetected injuries and damage to the vehicle. A police report is official proof of the accident which helps you negotiate a fair claim with your insurance company.

C. What if the other driver refuses to file a police report?

You should still report it to the police. The other driver may not want to report due to personal interests. The other driver could be unlicensed or driving under influence, the vehicle could be uninsured/ underinsured, they could be carrying something illegal, or may avoid a police report due to any other reasons. Therefore, you should report to the police no matter how hard they try to convince you.

D. Can there be a situation when not reporting to the police is fine?

There can be situations when not filing a report is fine. These situations will be based on self-judgment. Some of them include: 

  • There are no significant damages
  • If no one is hurt
  • If there is an absence of police 
  • If the damage was to your private property
E. Is it compulsory to report the accident to the insurance company also?

No law requires you to report the case to the insurance company. It totally depends on your insurance policy. But it is better to inform them as soon as possible otherwise you will have to spend quite a lot more bucks out of pocket.

You should call the police to the location of the crash immediately. Even if you feel like a police report is not that important, it is better to exchange contact and vehicle information with the other party. Do not forget to take pictures of the site and the vehicles as they also play an important role during the settlement and lawsuit, if need be. After all, you can never have too much information or documentation when it comes to accidents.

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