In the ideal situation, a police officer comes to the car accident scene, documents what occurs, and a police report is completed. If a police report is not filed after a car accident, the lack of evidence could hurt your case later. At the Shelly Leeke Law Firm, our North Charleston car accident lawyer encourages you to file a police report as soon as possible if you were hurt in an accident to document what occurred.
What Happens if You Don’t File a Police Report After an Accident?
Even if you are the party at fault, filing a police report gets your side of the story on file and allows the police department to verify the accuracy of the claims. If you fail to file a claim, and the other party does, that could make it hard to refute the claims they make. In all cases, no matter how long it has been, a personal injury lawyer in South Carolina can help you file a police report to protect yourself.
Filing a collision report with the police enables an investigation, if needed, to occur and documents the incident in detail. Insurance companies will use this information to back up any statements and claims you make. If you do not file a police report, there is no legal documentation that the incident occurred, and receiving your compensation may become limited.
If you are the victim, there is no reason not to file a police report about what occurred in your incident. Doing so provides you with a level of protection in that your losses can be documented. More so, the police report helps to ensure that anyone who caused the incident is properly identified so that legal action can take place if necessary, such as pursuing criminal charges.
Do You Have to File a Police Report After a Car Accident in South Carolina?
South Carolina law does not require that you file a police report every time an accident occurs. If both parties are okay and there is no need for repairs, the state does not require you to file it. There are some situations in which you do need to file:
- If someone was hurt in the car accident.
- If someone died during or after the car accident.
- There is substantial damage to one or more vehicles or property.
Under the law, any accident that causes damages of $1,000 or more or is likely to have damages of that monetary value should have a police report filed. If you did not do so at the time of the accident, you can visit the local police department where the incident occurred and complete it then. Failing to do so could put your case at risk, so review our case results today to see how we can help you.
What Happens if There Is No Police Report for a Car Accident?
If you are required under South Carolina law to file a police report, and you fail to do so, then you could face criminal charges. That could include a misdemeanor charge or a felony depending on the situation. From a legal standpoint, it is always in your best interest to file a police report.
Also important, if you are required to file a police report, and then you fail to submit the necessary insurance verification to the police within the required 15 days, you could then lose your license to suspension. Your insurance company may also refuse to provide you with additional coverage after your policy ends.
Another factor to consider is what happens if you are a victim and no police report is filed, but you have losses. It will become your responsibility to report the accident to the police, document what occurred, and provide any information you can. Even if you are unsure of who is to blame, taking this step protects your rights.
If You Were Incapacitated at the Time of the Accident
In situations where you could not file a police report because you were incapacitated due to injuries from that accident, you are given some leeway. In this situation, contact the police department office where the incident occurred and provide information about your situation. You want to be sure that you complete the necessary documentation of your injury so the police can get to work.
How to File a Police Report in South Carolina if the Police Did Not Respond to the Accident
You do not have to report a small fender bender to the police in South Carolina, but if someone was hurt or could have been hurt, or there is significant damage to the vehicle, it is best to file a report. If a person does not notice an injury right away, including yourself, this could prove problematic later. The South Carolina Department of Motor Vehicles keeps track of all motor vehicle crashes reported to the state, but if a police officer does not respond, consider the following steps:
- Complete FR-309, a form that will require you to provide the date, time, and location of the accident.
- Identification and contact information for all drivers must be provided.
- Provide information about the vehicle damage and the estimated cost of repairs.
- Document any other damage, including to property in the area and within the vehicle.
- Provide documentation of the insurance coverage for all parties.
- Document all medical treatment received by all involved in the accident.
- Gather witness contact information to provide.
This information helps the police to document what occurred and to determine fault. It could prove to be valuable down the road to your case. It is always a good idea to do this as soon as possible while the details are fresh in your mind, and for you to read the Guidebook for South Carolina Accident Victims.
Let Our Car Accident Attorneys Help You
At the Shelly Leeke Law Firm, we take pride in ensuring our clients receive the support they need in tough situations. If a police report was not filed and you are the victim, we encourage you to reach out to our car accident attorneys for help with filing a claim and fighting for compensation. We are happy to offer a free consultation with our South Carolina car accident lawyer.
