Yes, you can file a car accident claim in California without a police report. It’s allowed, but you’ll need stronger evidence to show what happened and who caused the crash. If you’re dealing with injuries or getting pushback from an insurance company, a San Luis Obispo car accident lawyer at Ernst Law Group can step in and help you build a claim that holds up.
When is a police report required after a car accident in California?
California law requires reporting certain crashes. Under California Vehicle Code § 20008, you must notify law enforcement within 24 hours if the accident caused injury or death.
In most cases, that means contacting either the California Highway Patrol or your local police department, depending on where the crash happened.
Do you also have to report the accident to the DMV?
You may also need to report the crash to the California Department of Motor Vehicles. A report is required if:
- Anyone was injured, even slightly
- Someone died
- Property damage exceeds $1,000
This is done by filing an SR-1 form within 10 days of the accident. This requirement applies even if a police report was filed or an insurance claim is already underway.
How do you file an insurance claim without a police report?
Not every crash leads to a police response. If no officer came to the scene, you can still file an insurance claim in California. The difference is that you’ll need to show what happened using your own evidence. The insurance company won’t have a police report to rely on, so they’ll look more closely at the details you provide.
What evidence can support your claim without a police report?
The more thorough your evidence, the stronger your car accident claim. You should plan to provide:
- Photos or video footage of the damage to the vehicles and of the accident site
- Witnesses’ statements, including contact details
- Medical documentation of your injuries and treatment
- Contact and insurance information of the other drivers involved
- License plate numbers
- Documentation of property damage repair costs
If you don’t have a police report, this kind of documentation carries more weight. An attorney knows the kinds of evidence needed to support a claim and can gather it for you.
Can not having a police report affect your car accident claim?
Yes, it can. A police report often serves as a neutral record of what happened. Without it, the insurance company may look more closely at your version of events.
The kinds of damages you can get after a car accident are affected by the strength of your evidence. The evidence in a police report often supports your claim. Calling law enforcement may seem like a hassle for a minor accident, but sometimes accidents are not what they seem. Injuries don’t always show up right away, and vehicle damage can look minor at first. When there’s no report, insurers sometimes argue the crash wasn’t serious or question when the injury actually happened.
What should you do after a car accident if police are not called?
Even if the crash seems minor, get medical care as soon as you can. Some injuries take hours or days to show up, and early documentation makes a difference for your health and your claim.
Other important steps to take after a car accident include gathering evidence at the accident scene. Exchange information with the other parties. Take down witnesses’ contact details. Take photos and video of the entire environment. Be sure to capture the road conditions, damage to the vehicles, and license plate numbers.
After that, notify your insurance company. They’ll open a claim and start reviewing fault. If things get complicated or you’re dealing with injuries, having a lawyer step in can take that pressure off you.
Get help with your California car accident claim
Our personal injury team is here for you any time you sustain a personal injury caused by someone else’s negligence. When a car accident occurs, contact us online at or call us at (805) 541-0300. We can schedule your free consultation with a car accident attorney from Ernst Law Group. We’re here to help.