Do I Need a Police Report to File an Insurance Claim?

No one plans for a traffic accident, but they often occur at the most inconvenient times. Whether you’re picking up your daughter from Conway Elementary or late for an important meeting at work, many claimants wonder whether it’s necessary to call and wait for the police after a seemingly minor car accident. The answer may surprise you. While South Carolina law does not always require drivers involved in collisions to obtain or file police reports, insurance companies may deny your claims without one.

Do not take on powerful insurers – especially another driver’s insurer – alone. Trust the dedicated car accident lawyers at the Law Offices of L. Morgan Martin, P.A., with your claims.

Rules for Filing Police Reports After Car Accidents in South Carolina

Many drivers fear increased insurance rates if they call the police following a traffic accident, but in most cases, South Carolina law requires drivers to either obtain a police report or file an accident report following a car crash. You should immediately contact local law enforcement if a car accident results in the following:

• Injury to any person, including drivers, passengers, or pedestrians
• Death to any person
• The inability of the driver to make a report
• Property or vehicle damage above $1,000

Even a simple fender-bender may result in more than $1,000 in damage, and many accident injuries, such as whiplash, may not present themselves until the next day. As such, experienced motor vehicle accident attorneys nearly always recommend calling the police following a crash and obtaining legal help to file a delayed report. If you’re unable to obtain a police report at the scene, South Carolina law gives vehicle drivers and owners fifteen days after the accident to file a written report with the Department of Motor Vehicles.

Consequences of Submitting Conway Car Insurance Claims without a Police Report

Even if you’re not legally required to obtain a police report following a Conway motor vehicle accident, this may result in an insurance denial. Most auto insurance companies will ask for an accident report because police officers act as neutral parties. They use their skills to observe the scene of the accident, identify witnesses, take pictures, and gather statements from the drivers. They then compare witness statements, photographs, and observations to draw general conclusions regarding liability. While a dedicated legal advocate can challenge this conclusion, most insurance companies take the initial investigative report seriously.

Failure to obtain a police report often gives insurers, especially liable insurers, grounds to deny your claim or even blame you for the accident. Delayed witness statements are considered less reliable than those given to officers at the scene, and failure to obtain a police report may give adjusters no way to verify your injuries resulting from an auto accident.

Contact our Conway Car Crash Attorneys About Your Legal Options Immediately

While you do not always need a police report to file a car insurance claim after a Conway motor vehicle collision, failure to obtain a report may have devastating consequences. If you did not or could not file a police or accident report after a car accident, it might not be too late. Contact the experienced personal injury lawyers at the Law Offices of L. Morgan Martin, P.A. immediately to protect your right to legal compensation by calling (843) 248-3177 or contacting us online.