Can You Recover Insurance Benefits or File a Personal Injury Lawsuit If Police Don’t Come to the Scene of the Accident?
It’s long been assumed that the first thing you do, in the aftermath of a motor vehicle accident, is call the police, so they can come to the scene of the accident and prepare a report. In fact, it’s a common belief that, without a police report, you can’t file an insurance claim. Is that true? Can you file a personal injury lawsuit after a car wreck if you don’t have a police report?
You Don’t Need a Police Report to Collect Insurance or Damages in a Personal Injury Claim
You should contact the police as you are required to report the accident to them if the accident involves injury, death or property damage in excess of $500. Furthermore, a police report provides evidence to support your claim in either instance. However, there is no legal requirement that the police come to the scene and prepare a report in order for you to qualify for either insurance benefits or compensation in a personal injury lawsuit.
Your right to insurance is for a covered loss. If you can prove your loss is covered, your insurer is legally bound to reimburse you, provided your premiums are up-to-date and you haven’t violated any provisions of the insurance policy.
To recover a monetary award in a personal injury lawsuit, you must show that the otherdriver acted intentionally, recklessly, or negligently, thereby causing an accident in which you suffered actual losses. Most motor vehicle accident claims are based on allegations that the other driver engaged in unreasonable behavior and was therefore negligent. While a police report may include information that helps establish negligence or carelessness, such conduct can also be proven through the testimony of eyewitnesses and others.
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