Can I File An Insurance Claim Without A Police Report?

Can I File An Insurance Claim Without A Police Report?

Yes, you can file an insurance claim without a police report. The policyholder still has the same rights to recovery under the insurance policy that they would have if there had been a police report. Without a police report, it’s up to you to provide evidence about what happened. You may need to provide extra information or take additional steps to justify your claim for compensation. You may also need to take additional steps if you are in a car accident in a leased car, an Uber or Lyft crash, or involved in an accident in a company car.

To file an insurance claim without a police report, you need to obtain all the information the police would have if they had responded to the scene. These include:

• The location, date, and time of the accident
• Information about those involved in the accident (names, contact information, and driver’s license numbers)
• Details of involved vehicles (type, color, model, license plate numbers, and vehicle registration numbers)
• Insurance policy details (insurance company name and policy information)
• Names and contact information of witnesses
• Witness statements

Additionally, photograph the vehicles (documenting their positions and damages on your car), surroundings (traffic lights, road signs, road debris, skid marks, and weather conditions), and your injuries. 

Ask for permission before taking photos of the other driver’s car. It’s also vital to take pictures from different angles to provide a comprehensive visual record of the accident. Furthermore, take close-up photos when documenting specific details, such as license plates, skid marks, and vehicle damage. 

Take as many photos as possible to strengthen your claim, which is necessary since law enforcement didn’t investigate the accident.

It’s always critical to take pictures at an accident scene whether or not the police come.

Is A Police Report Necessary To File An Insurance Claim In Colorado?

No, a police report is not necessary to file an insurance claim in Colorado. You may simply contact your insurance company and tell them that there’s been an accident. Without a police report, the insurance company might question the circumstances of the accident or ask further questions about who is at fault for the accident. However, you should still be able to recover from your insurance policy the same terms as you would if the police had made a report, as long as you file within the auto insurance claim time limit.

Although your rights as a policyholder to receive compensation can’t be affected by the lack of a police report, having one can make your work more manageable, as insurers primarily depend on it to establish credibility and fault. Nonetheless, gathering adequate evidence and being more active can benefit your case by making it quicker and more manageable.

When answering questions from your insurance company, stick to the facts — information that can be proved by the evidence you submit. Avoid speculating. If you are unsure about a certain factor, tell your insurance company you don’t have an answer or don’t know. If you need to double-check something, refer to your photos or witness statements before responding. 

You should also take notes of the questions asked and the answers you provide to maintain a record of the conversations and protect yourself against potential discrepancies throughout the claim process.

What Happens To A Car Accident With No Police Report?

A car accident with no police report may still be grounds for insurance compensation or a lawsuit. You may still bring a claim for compensation under the same laws that apply in cases with a police report. You may also look to your insurance or the other party’s insurance for compensation. Without a police report, it’s unlikely that either party will get a traffic ticket or face criminal charges because of the accident. However, you can make your case directly to the insurance company to seek compensation if your insurance policy covers it.

The claim process for your case will be slightly different, as you won’t be providing the insurer with the name of the police department and the report number of your case. Instead, you will be offering in-depth details of the car accident. 

Additionally, with a police report, the whole process, from submitting your claim to it being approved, typically takes 10 working days. Making your case directly to your insurance company or the other driver’s insurer without a police report may take longer. Substantial evidence can smoothen your experience.

If the insurance company denies your claim/appeal or offers unfair compensation, gather all the needed evidence to file a lawsuit, which is possible despite not having a police report. However, you may need to learn more about the complexities of legal procedures.

Does Filing A Police Report Affect Insurance?

Filing a police report may affect insurance in that it documents the time and place that the accident occurred. If the police prepare the report, there’s a neutral third party that offers an opinion about who is to blame for the accident. The police officer is trained in accident investigations, and the insurance company will probably see their opinion as highly credible. Without the police report, you have to present all of the evidence that justifies your demand for compensation. However, you still have the right to full compensation from your insurance company.

You can establish credibility without a police report by conducting a thorough investigation to have the details that a police report would provide. In addition to obtaining the aforementioned evidence, you should seek immediate medical attention. Not only does this ensure you get treatment, but it also provides you with solid medical documentation to make your claim credible.

Besides, it’s possible to reconstruct a car accident case without a police report. You can consult with an accident reconstruction expert, who will assess the evidence you gathered to provide a professional opinion on how the accident occurred. Their objective opinion can be credible and can be used to prove liability. 

Note that working with an accident reconstruction expert without a police report can be more expensive, especially if you have less information, as they will need to conduct additional investigations to provide an informative opinion. 

Can You Sue Someone For A Car Accident Without A Police Report In Colorado?

Yes, you can sue someone for a car accident without a police report. If there’s no police report, you don’t have the benefit of the testimony of a law enforcement officer who responded to the scene and looked at the situation. That makes it more complicated to prove fault for the accident. However, the laws and the rules of evidence are the same. You can sue someone for a car accident without a police report under the same circumstances that you can sue someone if there’s a police report in the case.

You can sue someone for a car accident if your or the other driver’s insurer offers low compensation or denies your claim unjustifiably. This may also be a suitable option if the damages you sustain from the accident exceed your insurance policy limits. The court may order the insurer to pay you the additional amount.

If the other driver is uninsured, you can file a claim with your insurance provider, or you can sue the driver. 

You have three years from the date of the accident to file a car accident claim or lawsuit in Colorado. After this period, you may be unable to recover compensation. 

However, the statute of limitations may be extended in some circumstances. For instance, if a minor is involved in an accident, it can be extended until they turn 18. If the injured party was mentally incompetent when the accident occurred, the three-year deadline may be extended until they are no longer mentally incompetent, among other reasons.

Colorado Car Accident With No Police Report

To make an insurance claim without a police report in Denver, you need to know the other driver’s information. You need to know who to file your claim against. When an accident occurs, it’s important to make sure that you get the other driver’s name, license number, insurance information, plate number, and vehicle registration. If the other party leaves the scene of the accident or won’t provide this information, call the police right away.

When there’s no police report, there are a lot more things that are up to you when it comes to seeking justice after a car accident. The insurance company, or the jury, will want to know why there isn’t a report. Did one or both parties want to avoid the police for any reason? Are you being dishonest about the accident and the cause of damages to your vehicle? Or did the police simply choose not to respond? These questions may present even if it’s a minor car accident like a rear-end collision.

While it shouldn’t be a big issue, it’s still up to you to overcome these questions as you pursue compensation in your case.

Stay calm when answering these questions and provide brief but honest answers. If the insurance company or the jury asks whether you or the other party avoided calling the police, state what happened. 

If you called the police to the scene, but there was an “Accident Alert” (when weather conditions are so severe that law enforcement officers are unable to respond to a large volume of motor vehicle crashes) in the location where the accident occurred, state so. It can be best if you have evidence supporting your claim, such as a recording of the phone call. Colorado law allows the public to record law enforcement activities, including phone calls, as long as it doesn’t interfere with investigations and doesn’t pose a risk to others.

If you didn’t report the accident to the police because it was minor (there was no injury, death, or property damage of over $1,000) and have supporting evidence, such as photos and witness statements, state this as well.

How To Prove A Colorado Car Accident Case Without A Police Report

If you don’t have a police report, you prove your case by conducting your own investigation. It’s important to carefully build the evidence by talking to witnesses, taking and evaluating photos, verifying repair costs, collecting medical bills for any car accident injuries and other damages, and even working with expert witnesses. 

You can also get traffic camera footage from an individual, business, or government entity that operates the camera that recorded the accident. Contact the respective party to access the footage. Since most traffic camera footage is erased automatically after a certain period, you should act quickly to get it. 

While some parties may be willing to give you the footage upon asking, this is not always the case. You may need to get a subpoena from the court because not everyone wants to be a witness in a car accident case. 

To get footage from a camera operated by the State of Colorado, contact the appropriate agency, depending on the jurisdiction of the accident. It may be challenging to determine the particular jurisdiction in which the accident you were involved in occurred, seeing that you don’t have a police report indicating it. Therefore, call the local police department or Department of Transportation to know the appropriate agency to contact.

Carefully document all the evidence you gather. You present the evidence that the jury or the insurance company needs to make the correct decision about your case.

What Do I Do If The Police Don’t Come To The Scene Of The Accident In Colorado?

If the police don’t come to the scene of the accident in Colorado, you should exchange information with the other driver at the scene. You must provide your name, driver’s license details, insurance information, and telephone number to the other driver and any injured party. Then, you should file your own accident report with the State of Colorado.

You have 60 days after the date of the accident to file your own accident report online. You can only use this route if:

• No one involved in the accident died or sustained an injury requiring medical attention
• The accident is not an alleged hit-and-run
• The accident does not involve damage to any public property other than wildlife
• No drivers involved in the crash are suspected of driving under the influence of alcohol or other drugs

If the accident you were involved in does not meet these requirements, yet the police can’t respond to the scene, go to the nearest police agency to report the accident. You may need to wait for first responders to arrive before leaving. Leaving an accident scene without a valid reason is unlawful. 

Work With Our Team Of Skilled Colorado Car Accident Lawyers

Are you wondering what to do about an insurance claim without a police report? Do you want to get fair payment for your car accident case even though there’s no police report? The skilled Colorado legal team at Bachus & Schanker can help. We can fight for you.

Any car accident case is complex. It’s even more complicated when there’s no police report to guide you in making a claim. Don’t leave anything to chance. 

Contact our Colorado attorneys today for a free consultation about your claim. We’ll help you understand what you need to do to win your case. If you decide to hire us, we’ll fight aggressively and thoroughly until you get justice. We will also help you to gather the needed evidence, find the right professionals to obtain more details about the accident, and handle negotiations with insurance companies. The lack of a police report should not make you believe you are disadvantaged and, in turn, accept unfair settlements or fail to fight for your rights at all. 

We have locations near you in Denver, Fort Collins, Colorado Springs, Aurora, Englewood, and throughout the state of Colorado as well as in Cheyenne, WY. Our car accident attorneys are ready to serve you and fight for the compensation you deserve.