How Do I Report A Car Accident?
The minutes after an accident can be a haze of confusion. “What just happened? Am I okay? Are they okay?” are all commonplace, understandable reactions to something as jarring as a car accident. But when the damage doesn’t seem that bad to either car and everyone is feeling okay, you might wonder, do I need to call the police?
If you decide not to call the police, only to realize you either should have or needed to, you might begin to wonder how to report a car accident after everyone’s left the scene. What responsibility do you have to contact police and how long do you have to report a car accident?
The answers to these questions can, as many things do, depend on the circumstances. That’s why we’re here at My 25% Lawyer to help you make sense of reporting traffic accidents to police.
How to Report A Car Accident At the Scene
In most cases, it’s recommended to call the police as soon as you’re able after an accident occurs. If that can be done before stepping out of your car to share contact information with the other driver(s) or right after, then that’s when you should call the police. When they arrive, they’ll talk to the drivers and passengers, alongside other witnesses to record a description of the who, what, where, when, and potentially why, of the accident.
In addition to becoming one of the first records of the accident, calling the police to create the accident report may also be legally required. GA Code § 40-6-273 mandates that drivers must call the police whenever there’s an accident involving injury or death to any person and property damage of apparently $500 or more. It can be unclear in the immediate aftermath of an accident whether there’s been injuries or damage of $500, so it’s best to err on the side of caution and call the police.
How Long Do You Have to Report a Car Accident?
What if neither you nor the other drivers contact the police at the scene of the accident? What if everybody reported feeling fine and there was no damage, only for you to begin feeling injured later. Or what if the other driver drove off and you were too injured to contact police? When do you have to report the accident?
The answers here are based on Georgia law and previous court decisions that require you to report the accident as immediately as possible. How immediate is immediate may depend on the specifics of the case, but waiting multiple days could be too long.
Reporting Traffic Accident To Police After the Accident
If a driver or victim is unable to call the police at the scene of the accident, Georgia law expects that either the injured person, driver, or other able bodied person will report the accident as soon as possible. This can be accomplished by going to the police station or Highway Patrol office nearest to the accident or you.
Before going to the station, gather evidence and information regarding the accident to give the police the most detailed account of the accident possible. This includes information such as:
- When: Time of day the accident occurred
- Where: the city or road the accident occurred on
- What happened: What immediately preceded the accident, where each car was just before and after the accident, was someone attempting a maneuver like a turn, merge, or stop? Did the other driver do something illegal like run a light?
- Other relevant details like weather, skid marks you noticed, damage to the vehicle, injuries sustained.
Gathering this documentation may require taking pictures of the scene, recording videos, talking to eyewitnesses, and getting the contact information of the other drivers involved if possible.
Once you have this information, you can go to the police station and ask to file an accident report.
What Happens If You Don’t Report
What happens if, for whatever reason, you don’t report a car accident to the police? There can be impacts on both an insurance claim and a car accident lawsuit.
- Insurers consider police reports an objective source of information that, absent other evidence, may be the clearest window into what happened and who is responsible.
- Without the police report, insurers may do more investigating causing the claim to take longer to process or potentially leading to a denial.
- If the other driver fled the scene, the absence of a police report could raise fraud alarms for insurers who may not believe the accident occurred at all.
- Failing to report an accident can expose a driver to legal consequences as well as it could be considered a hit and run accident.
- If people in the other vehicle were injured, a failure to report could lead to a misdemeanor or felony charge.
- Failing to report an accident could entitle an insurance company to summary judgment in a car accident lawsuit because the person failed to comply with policy provisions or legal requirements.
A Car Accident Attorney Can Help
If you were injured in a car accident but weren’t able to file a police report at the scene, don’t delay. You can contact My 25% Lawyer for help. We help our clients secure the evidence they need to file a police report and secure maximum compensation for their injuries. And because we believe our clients should keep what they’re owed, our contingency fee is never more than 25%. Call us today to get started.
