Do I Need a Police Report After a Car Accident?
In California, you are not always legally required to get a police report after a car accident, but a report often strengthens your insurance claim and your injury case. This guide explains when to call police, what the report does, and how it affects your claim.
When California Law Requires a Report
California Vehicle Code § 20008 requires the driver to make a written report to the DMV within 10 days when someone is injured or killed, or when property damage exceeds $1,000. For serious or injury accidents, calling 911 and having law enforcement respond creates an official record that insurers and attorneys use to establish facts and liability.
Why a Police Report Helps Your Claim
California requires uninsured motorist (UM) coverage. If the at-fault driver is never found, your own policy’s UM coverage can pay for your injuries and damages. An experienced LA injury lawyer can help you navigate the claim and push back if the insurer delays or undervalues it. See uninsured motorist coverage and uninsured motorist claims in California for more.
What If I Didn't Get a Report?
You can still pursue a claim. Evidence from photos, witnesses, medical records, and your own account matters. For minor fender-benders with no injury, some people settle without a report—but for any injury or significant damage, getting a report (even after the fact) is advisable. Hit-and-run claims often involve UM or underinsured motorist (UIM) claims, evidence preservation, and dealing with your own insurer. A Los Angeles car accident lawyer can gather evidence, handle the insurance process, and fight for full value. When to call a lawyer after an accident is often as soon as you’re safe and have reported the crash.
FAQs
Is a police report required to file an insurance claim in California?
No. Insurers can accept claims without one, but many require a report for injury or hit-and-run claims. UM claims typically need a report showing the other driver was uninsured or unidentified.
Can I get a police report after the accident?
Yes. You can file a report at the local police department or CHP office. Do it as soon as possible so the details are fresh.
What if the other driver doesn't want to call the police?
You can still call 911. In California, it is your right to request law enforcement, especially if anyone is hurt or damage is significant.
Does the report determine who is at fault?
California’s report is evidence; it does not legally decide fault. Insurers and courts consider the report along with other evidence. Fault in California is evaluated under comparative negligence rules.
Related: what to do after a car accident in California, auto accidents, demand letters explained.