Here’s a golden tip if you are in a car accident:
No matter how big or small the collision, CALL THE POLICE. Make sure police respond to the scene, and make sure they write a report. An exchange of information between the parties is NOT enough.
We often talk to people who have been in a car accident where there is no police report written up.
This can happen for various. One big reason is that the at-fault driver pleads with you not to call the police at the scene. They admit they were at fault, but beg to handle the matter privately so that their rates do not increase or they don’t receive a citation. Another major reason is not wanting to wait however long for police to arrive.
At the time, it may seem fine to agree not to call the police because you aren’t out to get blood, you feel bad for the at-fault driver, and you’re just not thinking about any claim that may follow the collision. You may not even feel injured that badly right away. You aren’t considering pursuing any kind of claim at that moment. Mostly, you want to just get out of there are soon as possible and go home.
BUT: it is a big mistake to forgo getting a formal police report written up for the accident, even if you think you have obtained all the relevant contact and insurance information for the driver. This exchange of information, done informally between you two or formally with the assistance of a police officer, is not enough. You should insist that the officer write up an actual police report for the collision. Here is why:
- At-fault drivers can and do give you false information – incorrect phone numbers, names, or insurance information that is expired. They are less likely to give false information to the police (because that is a crime).
- Included in the police report is the at-fault party’s insurance information and policy number. This can be critical to seamlessly open a liability claim for your injuries later on. If you don’t have the correct insurance information, it can be nearly impossible to track down later even if you have the driver’s name and phone number. If they choose to ignore your calls and texts, you can be out of luck unless you hire a private investigator at your own expense. This is stressful, and can get costly and is an expense that is easily avoidable.
- Having police respond to the collision scene and write up a report to formalize what has occurred makes the question of “who is at fault” a nonissue later. Even if it seems obvious the driver was at fault, and even if the driver themselves acknowledge they were at fault at the scene, nothing stops their insurance company from denying fault later or trying to pin a percentage of fault on you. With a clear police report indicating the other driver was at fault, an insurer is far less likely to pull this kind of stunt to get out of paying your claim.
Go through the extra step of calling the police and waiting for them to arrive. It can save you a great deal of stress and headache later on, particularly if you need to pursue a claim for bodily injury later.
Lauren Dayani is the lead personal injury attorney at Dayani Law Firm. She offers free consultations and speaks honestly about your options after an injury. Send her a message below or call directly for a consult at (206) 777-5627