You can file an auto insurance claim or bring a lawsuit in Virginia without needing a police report to prove fault or recover compensation. You can still build a strong claim using photos, witness statements, medical records, repair estimates, and other evidence. The report may actually be inadmissible if it contains statements from individuals who are not present to testify.
Still, when you have a police report, you can strengthen your claim. Many insurance companies request these reports to verify facts. A report can provide helpful details such as the time, location, information about the parties involved, and observations or citations issued by police.
When you work with Marks & Harrison, an experienced Virginia car accident lawyer can determine whether a crash report could help or hurt your case and take steps to correct or supplement it with more substantial evidence as necessary.
Do You Have to Call the Police After a Minor Accident?
Virginia law requires you to contact the police after any crash that causes injury or death or results in damage to unattended property. For minor collisions with no injuries and minimal vehicle damage, police might not always respond. However, calling the police is still a good way to protect your rights since it creates a record of the crash.
If the police respond, they can record important details and document the scene, helping prevent disputes later. If you decide not to call law enforcement, you must still notify the Department of Motor Vehicles (DMV) of reportable crashes within 24 hours. In any case, you should always exchange information with the other driver and try to collect evidence.
Why Is a Police Report Useful When Filing a Car Accident Claim?
Even though police reports are generally inadmissible in court, they can still help investigators to:
- Identify witnesses
- Clarify timelines
- Support your version of events.
A police report can strengthen your insurance claim by providing neutral documentation of the crash. These reports often include police observations, statements from drivers and witnesses, and details of any citations issued. Insurance adjusters may use reports to confirm the facts and assess fault.
If you don’t have a report, you can still file a claim. However, you will need evidence like photos, medical records, and written statements.
What Information Will Be In a Virginia Car Accident Crash Report?
A Virginia police crash report usually lists basic facts about the accident and the people involved, including:
- Date, time, and location of the crash
- Vehicles involved and driver details
- Insurance information
- Whether anyone got hurt.
Officers might also describe road and weather conditions, draw diagrams showing the positions of the vehicles, and note any traffic citations. In some cases, reports might include witness names and statements.
While a crash report cannot, by itself, prove fault, it can provide a detailed summary that helps insurance adjusters and lawyers understand what happened. It’s wise to keep a copy of the report so you and your car accident attorney can check it for accuracy and address any mistakes promptly.
Are There Advantages or Disadvantages to Not Filing an Accident Report?
The choice not to file a police report can save you time after a minor car accident, but it carries risks. Without a crash report, you won’t have an official record to protect you if the other driver changes their story or files a claim against you. Insurance companies might also question your claim without official documentation, which could delay or reduce your payout.
On the other hand, if both drivers agree on what happened and the damage is relatively minimal, the report may not be necessary. Still, a police report provides a reliable record of the event, which can help if any disputes arise later in your car accident case.
How Do You Obtain a Police Report in Virginia?
You can request a copy of your Virginia police crash report through the Department of Motor Vehicles (DMV) or directly from the law enforcement agency that responded to the crash. The DMV accepts requests online, by mail, and in person. You’ll need basic information such as the date, location, and names of the drivers involved in the crash to make your request. You will also need to pay a small fee.
Reports can take several days to process. Once you have an official report on hand, it can help you confirm key details about the car crash and correct any mistakes that could affect your claim.
Can You File a Virginia Car Accident Report Yourself?
If a police officer does not arrive at the accident scene to document what occurred, and the legal damage or injury thresholds apply, you must report the accident yourself. You can do so by submitting a “Voluntary Report of a Crash” form, available online or at DMV offices. In your report, you must include:
- Each driver’s name, contact details, and insurance information
- A short description of the crash.
The DMV will use the report to record the incident and verify coverage. Even if it isn’t mandatory, filing your own report is a smart way to create an official record. Doing so protects your right to pursue an insurance claim or lawsuit later, especially if the other driver denies fault or refuses to cooperate.
Does Virginia Have a Time Limit for Filing a Car Accident Claim?
You generally have two years from the injury date to file a personal injury lawsuit and five years to file a property damage lawsuit in Virginia. These deadlines apply even if you’re still negotiating with the insurance company. If you wait too long to act, it could cost you the chance to seek compensation.
Virginia law doesn’t set a specific deadline for filing an insurance claim. However, most insurance policies require you to report your auto accident promptly to maintain coverage. Failure to report a crash within your insurer’s required timeframe could lead to a claim denial of your injury and property damage claims.
Contact a Virginia Car Accident Lawyer Near You
If you suffered injuries in a Virginia car accident, contact Marks & Harrison now for a free initial consultation. Since 1911, our lawyers have worked tirelessly to recover millions of dollars in fair compensation for crash victims across the state. We know how to deal with insurance companies that try to avoid paying what claims are worth. Our team can review your case, explain your options, and take action to protect your rights.
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