Reporting a traffic accident to law enforcement is one of your first opportunities to recount the facts of your accident.
Why does this matter? Your ability to recall and document key details of your accident, especially when they’re still fresh in your mind, can directly impact your ability to recover your losses down the road.
Here’s an overview of how to report a traffic accident to police with some general takeaways throughout the process. If you’ve been in a car accident, consider speaking with an experienced attorney to understand how the law applies to the specific facts of your case.
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When to Call the Police to Report an Accident
Your priority after an accident should be the safety of yourself and others. This could mean moving away from a dangerous area of the roadway, such as a blind curve, or ensuring that any first aid is rendered.
After that, you’ll need to decide whether to call 911. For a minor car accident, no police report is usually required, so drivers can exchange insurance and contact information, document the scene as best they can and be on their way. However, whether an accident is “minor” isn’t always clear. This is usually defined by your state’s motor vehicle laws, which often set reporting thresholds.
For example, many states, including California, New York and Texas, require reporting a traffic accident resulting in any injury or in property damage over $1,000. In Florida, the property damage threshold is $500. Be sure to check the motor vehicle laws of your state, so you know when you’re required to report an accident to law enforcement.
What to Do If You’re Involved in a Hit-and-Run
If you’re in an accident and the other driver flees the scene, it’s critical to call 911 to report what happened. Even if you don’t have identifying information for the other vehicle, a police report will help you as you navigate the claim with your insurance. Here are a few things to keep in mind as you decide how to report a hit-and-run to police.
Call 911 Right Away
Timing is important with a hit-and-run. If it happens while you’re driving and you can safely follow the other vehicle, use this time to relay helpful information to the dispatcher, including the make, model, color and license plate number of the vehicle, plus its direction and details about the driver and accident.
If You Can’t Pursue the Driver at a Safe Distance, Remain at the Scene
Even though the other driver may have left the accident area, you don’t want to give them any reason to claim that you hit their car and fled.
How to Report a Traffic Accident When You Call the Police
When reporting a traffic accident, remember that the dispatcher is a professional and is trained to ask about and listen for key details in a specific order. They often handle multiple communications while they’re speaking with you, relaying information to emergency responders and coordinating with other dispatchers. It’s important to give them the information they need when they need it — and let them do their jobs.
Let the Dispatcher Take the Lead
Follow the dispatcher’s flow of questions and answer them as best you can. If you’re asked to provide more detail, take that opportunity to fill in more facts as you remember them. Use a chronological order of events when possible to make it easier for the dispatcher to piece things together. Be careful not to overwhelm them with a lot of disconnected information at once, and don’t assume that silence means they’re not following or understanding you. They may be using that time to assemble information and coordinate with first responders.
Stick to the Facts
When reporting a traffic accident, avoid speculating about another driver’s intentions or aspects of the accident that you did not observe. This can be challenging especially when emotions are running high (like in road rage situations), but the more you stick to what you specifically observed, the more credible you’ll be to both the dispatcher and the responding officers.
You also should avoid admitting fault at the scene. Even if you think you were at fault, you may not be aware of all the facts, like the conduct of other drivers leading up to the accident. In some states, contributory negligence laws prohibit car accident victims from recovering any damages if they contributed to the accident in any way.
What to Do While Waiting for the Police
As you wait for the police to arrive, remember that you’re not required to get out of your car if your injuries prevent you from doing so or if you feel unsafe in any way. The 911 dispatcher will normally remain on the line with you until police arrive, so it’s a good idea to let the dispatcher know if you’ll be staying in your car and your reason for doing so. If another driver is demanding your information, politely remind them that the police can obtain the information for everyone when they arrive.
If you don’t have concerns about getting out of your vehicle, there are steps you can take to help you document the scene.
Exchange Contact and Insurance Information With Other Drivers
While the responding officers will collect this information when they arrive, you may have to wait several days or weeks to get it in a police report if you don’t collect it yourself. Be sure to take pictures of any documents you’re provided by other drivers so you can review them later in case you missed any key details. Take note of expiration dates, especially on proof of insurance documents, to make sure you’re provided with current information.
Document the Accident Scene
After reporting a traffic accident to 911, take the time to look around, take pictures or video and document the accident area. Start with observing the immediate scene to include any vehicle or roadway damage and the condition of drivers and passengers. After that, you’ll want to zoom out to document elements such as:
— Weather
— Traffic levels
— Road conditions or hazards
— Nearby freeway exits or street names
— The location of traffic signage and lighting on the roadway
— The approximate time of key events leading up to the accident
— Nearby businesses or residences that may have had video surveillance
— Names and contact information of bystanders who witnessed the accident
How to Talk to the Police After an Accident
The more transparent and reasonable you are with the responding officers, the more credibility you’ll have with them. If you’re still in shock from the accident and your heart is racing, let them know so they don’t misinterpret any excitable behavior and can adjust their approach if necessary.
When relaying information, remember that they’ve already been provided some background based on your 911 call, but this doesn’t mean they’re aware of all the details you reported. Take the time to walk through the sequence of events again. If you’ve identified any witnesses, let the officers know so they can be interviewed as well. Here are a few other things to keep in mind.
Don’t Assume That Everything You Say Is Recorded Word-for-Word
While responding officers may have their body cams on, there’s no guarantee that everything you tell them will ultimately make it into the police report. When they prepare their report, officers sift through the information given to them by all parties to primarily look for anything that’s relevant to determine:
— The conditions leading up to the accident
— The ultimate cause of the accident
— Whether any laws were violated
Because of this, it’s important to reiterate the key facts with officers and provide them with corroborating witnesses when possible. If your case ends up in an insurance claim or litigation, it’s unlikely that the responding officers will remember anything about your accident beyond what gets included in their final report. The more you can help them focus on key details at the scene, the better.
Know How to Retrieve the Police Report Before They Leave
After reporting a traffic incident, make sure you’re provided with any report numbers or other information that you’ll need to request a copy of the police report. Typically, the accident date and time and the responding officer’s badge number may be all you need. But if you’ll be retrieving your traffic collision report online, you may need additional identifying information.
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Following Up With the Police After Reporting an Accident
Getting your police report as quickly as possible is important. While the report may not be evidence you can use in litigation — some states such as California specifically prohibit the use of accident reports by statute — it will be used by insurance companies to help them determine fault and coverage. Here are a few things to keep in mind.
Request Copies of Your 911 Call and Body Cam Video/Audio Records
As you wait for the report, ask your local police department how you can obtain additional records. These can be helpful supplements for the police report, especially if the report leaves out important details or renders a finding that you think is inaccurate.
Review Your Traffic Accident Report Carefully
Because the report is often central to the insurance claim process, it’s important to see what it contains — and what it doesn’t. Does it show the wrong location for the accident? Did it fail to list any witnesses? In some situations, you may want to follow up with the responding officers if there are inaccuracies or if you have additional evidence that was missed. The ultimate finding of fault in a traffic report carries significant weight in the insurance claim process, but it can be supplemented with other evidence.
Filing a Claim With Your Insurance Company
After reporting a traffic accident, notify your insurance company as soon as possible. Even if you don’t have all of the information or records needed, insurance can initiate the claim process and advise you of your coverage and next steps.
Speak With Your Insurance Carrier First, Even if the Other Driver Was at Fault
It’s always a good idea to let your insurance company know of the accident, even if you weren’t at fault. Often, it can provide you with helpful guidance before you start interacting with another driver’s insurance carrier. Also, depending on your coverage, your carrier may be required to make required immediate repairs or provide you with a car rental as you wait for another driver’s insurance to process the claim.
Provide Your Adjuster With the Police Report Lookup Information
Even if you’re still waiting on the final police report, it’s wise to provide your insurance company with information about how to obtain the police report. Your adjuster may be able to obtain the report for you and give their assessment of its findings before you engage with another driver’s insurance adjuster.
Deciding Whether You Need a Lawyer
Whether you’re going through an insurance claim process or a car accident lawsuit, there are important timelines that apply, and key rights can be waived if not exercised or if you enter a settlement agreement early in the process. Even if you think your accident was minor, you may not be aware of latent injuries or other factors that a lawyer or medical professional can help you identify. Here are a few takeaways as you search for attorneys.
Remember That You Can Consult With Attorneys Before Hiring Them
A legal consultation allows you to discuss the facts of your car accident with an attorney who can give you an early assessment of your case, its strengths and weaknesses and an estimate of your damages. Some attorneys even offer free or discounted consultations. It’s never too early to speak with an attorney after reporting a traffic accident, even if you’ve already started the insurance claim process, which an attorney can help you navigate.
Ask About Their Experience With Car Accident Cases Like Yours
Attorneys specialize in different practice areas. You’ll want to make sure that any attorneys you consider hiring have the right experience. In some cases, for example, you may want an attorney who specializes in motorcycle accidents or pedestrian accidents. In others, you may want an attorney who has experience in cases involving vehicle product defects.
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How to Talk to an Insurance Adjuster
Insurance adjusters deal with claimants reporting traffic accidents every day and are experienced in getting information. They might appear to be in a rush to resolve the claim, but that doesn’t mean you have to be. If you need medical treatment as a result of your accident, know that you have time to receive the treatment and medical care you need. Your ultimate time limit is the statute of limitations that applies to your accident, which is the deadline you have to file a lawsuit. These vary by state.
If you end up talking to another driver’s insurance adjuster, here are a few things to keep in mind.
Just Because an Adjuster Sends You a Form Doesn’t Mean You Should Sign
If you’re not represented by an attorney, an adjuster will be coming to you for more information about the accident and damages in your case. They may casually send you medical waiver forms stating that they’re needed to assess the value of your injuries, but doing so could give them wide access to your medical records, including ones unrelated to your car accident.
You’re Not Required to Provide a Recorded Statement
An adjuster may lead you to believe that a recorded statement is needed to process your claim after reporting a traffic accident, but there are ways for you to provide details of an accident without supplying a recorded statement. Recorded statements are risky because the adjuster may be using them to pin you down on certain facts before you’re fully aware of what they may be. This could be used against you later in the process.
Need Help With the Next Steps After Reporting a Traffic Accident?
If you’re concerned about protecting your rights and obtaining adequate compensation for your losses, consider reaching out to a qualified attorney near you today.
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How to Report a Traffic Accident to the Police originally appeared on usnews.com
