Can You Still File a Car Accident Claim If You Didn’t Report It to the Police?

The short answer is: Yes, you can file a car accident claim even if you did not report the crash. However, the reality is that it makes the process much more complicated and may jeopardize your chances of success. If you hire the right car accident attorneys to represent you, they may be able to build a compelling case that will give you a chance of recovering compensation.

There are several reasons why people fail to report car accidents. You may have been blindsided by a hit-and-run, unaware you were injured, or begged by the other driver not to report what happened. If any of the vehicles involved were not insured, the temptation to sweep the accident under the carpet can increase.

Under Georgia law, almost all accidents must be reported to the police. Yet, if you did not call them, that does not necessarily mean there is no way of proving a collision occurred. In this article, we will explore what the law says, how to prove the accident happened, and how a car crash lawyer can give you the best chance of securing the compensation you deserve.

Georgia Car Accident Reporting Laws

The Georgia Code § 40-6-273 states that a vehicle driver must report any accident to the police department under the following circumstances:

• When it results in property damage that appears to be at the extent of $500 or more
• When it causes injury
• When it results in a fatality

A simple bumper replacement after a minor crash can cost up to $2000, so most car accidents probably fall into this category. 

The role of the police after a car accident

When the police attend car accidents in Georgia, officers work for the best interests of all involved by making the crash site safe. 

Then, the officer will begin to fill out a police accident report, documenting the following:

• Date, time, and location of the car crash
• Details of the vehicles involved
• Drivers’ details and observations about their condition
• Information about driver behavior that may have led to the accident, including whether the person had been intoxicated or under the influence of drugs
• Details of vehicle occupants
• Diagram showing how the accident happened
• Eyewitness details
• Description of vehicle damage and injuries

There is also a box for the police officer to record any other relevant details. For example, commercial vehicle carriers have additional reporting requirements. The police officer may need to record additional details, such as the nature of the cargo, to allow the carrier to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. 

In Georgia, you can request police accident reports online, by mail, or by visiting the law enforcement agency. 

Can I get a retrospective police report?

You cannot call the police sometime after a car accident and ask them to compile a police report in Georgia. However, if you called the police at the time of your auto accident and they did not attend or if you failed to contact them, you can complete the Georgia Personal Report of Accident Form (SR-13) within 10 days of the accident.

This form records much of the same information as a police report. However, as a personal report, it does not have the same weight in legal proceedings. The form notes at the top that it “cannot be used as evidence in an action at law to recover damages.” However, it is still a legal requirement for any accident the police did not attend. 

Although the form states it cannot be used in an action at law to recover damages, a qualified Georgia personal injury lawyer can advise you whether the police report can be used during the insurance claims process. The key is to seek advice from car accident lawyers familiar with Georgia law as soon as possible after your car crash. Most offer a free consultation, where you can get advice to help you decide how to proceed.

Why police reports matter

A police report is far more than a formality. It can be a key piece of evidence that enables an insurance adjuster and car accident attorney determine fault.

The police report may also help in the following ways:

• Informs the accident investigation: In fatal accidents in Georgia, the Georgia State Patrol Specialized Collision Reconstruction Team (SCRT) thoroughly investigates the car crash. Their report may be used to pursue a conviction, and the police officer’s initial observations may inform their investigation.
• Links the accident and your losses: A police report helps create a clear link between the accident and the property damage or injuries you suffered. This may make it harder for an insurance company to deny your car accident claim by stating that your injuries or property damage were not linked to the crash.
• Insurance company requirement: Every insurance provider is on the lookout for ways to deny personal injury claims or reduce their value. As part of their investigations, they will request a copy of the police report. When they discover it does not exist, they will likely attempt to deny your claim immediately.

You may also face legal consequences for failing to report a car accident, as this is legally required in Georgia. Legal penalties could include a large fine and points on your driving record.

It is clear that not getting a police report makes filing a successful insurance claim much harder. However, it may not be impossible. A seasoned Georgia car accident attorney may still be able to help you build a case that could result in compensation.

Filing a Car Accident Claim Without a Police Report

Every car accident claim needs to prove four basic points. A car accident attorney may be able to help you gather enough evidence to by other means to satisfy these requirements without a police report. 

The requirements are:

1. Duty of care: It must be demonstrated that the other driver or drivers owed you a duty of care in order to prove fault 
2. Breach: It must be proven that through negligent actions, the other party or parties involved breached the duty of care
3. Causation: The breach must have been the direct cause of your accident and resulting injuries
4. Damages: Your injuries must have caused you financial losses, for which you are entitled to compensation from the other driver or drivers

Gathering evidence to prove fault

Without the police report to rely on, the burden of proof is on you to show the accident happened and the other driver was at fault. It is important to gather as much evidence at the scene and keep copies of all medical records or other documentation after your accident.

Here is how a car accident attorney may use other forms of evidence to build a strong case for fault and compensation:

• Eyewitness statements: Eyewitness testimony may include strong evidence to prove liability. For example, witnesses can confirm whether the driver was texting or talking on the phone at the time of the accident. This could show that the driver was distracted and, therefore, negligent. As there was no police report from the scene, your car accident attorney may need to work with investigators to track down witnesses.
• Surveillance footage: Surveillance cameras may have captured the car crash. This could help a car accident attorney determine fault by demonstrating what each driver did in the moments leading up to the crash.
• Photographs from the scene: If you took photos of the accident scene, injuries, or vehicle damage, your car accident attorney may be able to use them to prove fault. Also, some smartphone photos may have embedded time and GPS location information. An experienced attorney can advise you whether this information could be used to support your car accident claim.
• Accident reconstruction: Depending on the circumstances of your accident and the severity of your injuries, your car accident attorney may hire an accident reconstruction specialist to recreate the moments before your accident. He or she will use the available evidence to build a picture of what happened that can be used to determine fault. This testimony may be used in court if necessary.
• Medical evidence: It is important to seek medical attention immediately after any car accident. Some serious injuries do not cause immediate symptoms. Your medical records could help your attorney build a link between your accident and your injuries, strengthening your claim for compensation.

Navigating Georgia’s comparative negligence laws

In Georgia, if you share more than half of the liability for a car crash, then you cannot recover compensation from the other drivers. When you do not have the police report, it will be harder to prove that you were less than 50 percent liable and are entitled to compensation. 

During your free consultation with a law firm, the attorney will explain how Georgia’s modified comparative negligence laws could affect your claim. He or she will advise you on whether you have a strong chance of success.

Understand Your Rights With Hoffspiegel Law

There is no doubt that failing to get a police report after a Georgia car accident will make it harder to get justice. However, do not be quick to conclude that it is impossible. Experienced car accident lawyers like Lloyd and Alex Hoffpsiegel can work on filing your claim with the help of a police report.

At your free consultation, we will listen carefully to your story, provide honest advice, and discuss whether you have a strong chance of success. If we agree to take on your case, we will use all the resources at our disposal to pursue justice on your behalf.

Do not delay. Schedule a free consultation by calling (404) 760-8600 or completing our contact form today.