How Long You Have to Report a Car Accident
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How Long You Have to Report a Car Accident
A car accident can feel like one giant moment of stress, followed by dozens of additional moments of stress. So many things happen in such a short time after a car accident. You need to file paperwork, speak with insurance companies, and possibly hire a lawyer, all while trying to recover from injuries sustained in the accident.
One thing that can easily slip your mind during this hectic time is reporting the car accident, especially if you don’t know how long you have to report a car accident. And the odds are that you don’t know how long you have. Few people do.
Rather than take your chances that you will remember to report the accident in a reasonable amount of time, you should consult with an experienced car accident attorney from Morgan & Morgan. Our attorneys will help you navigate the process after a car accident and ensure you meet all deadlines.
If you have been involved in a car accident recently, contact an attorney at Morgan and Morgan to schedule a free case evaluation immediately.
Reporting Guidelines
Before you can determine how long you have to report a car accident, you need to determine whether you are even required to report the accident. The rules for reporting accidents differ depending on the state and can usually be found on the state’s DMV website.
In most states, some car accidents don’t need to be reported. Typically, you only need to report an accident if:
- Somebody was hurt or killed
- One of the drivers in the accident ran away from the scene
- At least one of the vehicles can no longer drive
However, you should never assume that you don’t need to report an accident unless you know the law for certain. In most states, failing to report an accident has legal consequences. If you aren’t certain what your responsibilities are, consult with an accident attorney immediately.
Informing Emergency Services
In most states, contacting emergency services is the easiest way to report an accident. If a police officer arrives at the scene of the accident and creates a police report, you have successfully reported the accident.
However, this isn’t always an effective way to report your accident. If police are busy or your accident doesn’t meet specific guidelines, police officers might not show up at the accident scene. But just because a police officer doesn’t create a report, that doesn’t exempt you from reporting the accident.
Filing an Insurance Claim
One common misconception that people have is that filing an insurance claim is equivalent to reporting an accident. While your insurance company is likely to contact the police to get a report of the accident, the company will not report the accident for you.
Even worse, if you file a claim for an accident that hasn’t been reported, your insurance company might deny your claim for lack of evidence. Alternatively, these actions could alert authorities that an unreported accident occurred, which could result in you facing legal difficulties.
Hiring a Car Accident Lawyer
While a car accident lawyer typically won’t report the accident for you, they can guide you through the reporting process and definitively tell you whether you need to report the accident. Your attorney will also ensure that you know how long you have to report a car accident so you don’t miss a deadline.
As a good rule of thumb, you should hire a car accident attorney after any major accident, especially if anyone was injured in the accident. The ability of the attorney to guide you through the accident reporting process is just one of many advantages you gain by being represented in your car accident case.
Failing to Report an Accident on Time
Authorities take it pretty seriously when car accidents aren’t reported. If all parties involved in a car accident fail to report it, you could face legal consequences like:
- A fine
- Having your driver’s license revoked
- Jail time
These consequences will likely be even worse if you don’t have a valid driver’s license or aren’t insured at the time of the accident. If you suffer any of these consequences, the only condolence is that the other drivers receive equally harsh legal consequences.
Legal repercussions aren’t the only concern if you fail to report an accident. Your insurance company might also punish you. By failing to report your accident, you may have difficulty getting paid on your claim and your policy might be canceled.
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Where to Report an Accident?
Once again, every state is different. However, in most states, you can report a car accident to one of two government entities: the police or the DMV.
If you have the time and a means of transportation, you should be able to report the car accident in person during normal business hours. You will probably have to fill out some paperwork. But since you are doing it in person, you will know for certain that you have done it properly and on time.
You can also likely report the accident online. The best place to look for online accident reporting is on the DMV website. Even if you can’t report the accident there, you will find instructions about how to report it and how long you have to report a car accident.
Finally, even if you can’t report the accident online, you may be able to download a form to print and report the accident using traditional mail. Since mail can potentially take a few days to be delivered, you should act quickly if this is the option you choose to take.
When choosing to report in any way other than in person, you should confirm the appropriate agency received your report after about a week. That should be enough time for your report to be filed. And if you can’t confirm the report, then you should find another way to report your accident.
What to Do After Reporting a Car Accident?
You’ve done your due diligence and reported a car accident. That doesn’t mean your work is done. If you want to receive compensation for the damage to your vehicle and any injuries you suffered, you have more work to do.
You will need to start the claims process with your insurance company promptly. If you have a smartphone, you should be able to begin the process online while still at the scene of the accident. This is a good idea because the sooner you start the process, the sooner you will get paid.
Take pictures of the scene of the accident and all contact information of other drivers and witnesses. You will need this information during the claims process. This information is needed during the trial as well if you end up in court.
Speaking of a trial, the best time to retain an accident attorney is immediately after the accident. Call Morgan & Morgan while at the scene of the accident and provide the law firm with the details of your accident. We will schedule a free case evaluation and consultation and help you take the first steps of the claims process.
How Long Do I Have to Report a Car Accident to the Authorities?
Every state is different, but you will typically have between two and four weeks to report a car accident to the authorities. There is no advantage to waiting to report your car accident, so you should report it as soon as possible.
Can I Get a Copy of the Police Report?
Yes, police reports are public records. If you want a copy of the police report for your accident for any reason, you should contact the police station nearest to the location of the accident scene. Typically, you will have to pay a small fee to get the report, though you may be able to get a free copy in some states if you were one of the drivers.
Why Would I Need a Copy of the Police Report?
Your lawyer will need a copy of the police report before dealing with the insurance company or filing a lawsuit. The information in that report is evidence that will likely support your claim.
Is It Worth Reporting a Minor Car Accident?
While you probably aren’t required to report a minor car accident, it may still be worth reporting. That report protects you from potential fraud by the other driver. Reporting a car accident takes very little time, so the cost is minimal, while the advantage can be significant.
Am I Required to Report a Car Accident to My Insurance Company?
No, but you probably should. Even if you don’t intend to claim any damage on your policy, you should still advise the insurance company that the accident happened. This protects you if the other driver tries to file a claim against your insurance.
Can I Hurt My Case by Reporting an Accident?
When you report your accident, it is possible to make a statement that could make it look like you are at fault when you aren’t. This is something you want to avoid.
You don’t avoid this by failing to report the accident. A better way is to consult with an attorney before reporting the accident. Your attorney will ensure that you don’t accidentally make a statement against your interests.
Do I Need to Report a Car Accident if the Other Driver Reports It?
In most states, only one driver needs to report the car accident. However, it can’t hurt you to report an accident that has already been reported. Conversely, if the other driver claims they will report it and then does not, you will both be punished for their failure. Therefore, you should always report a car accident, regardless of what the other driver does.
An Experienced Attorney Will Explain How Long You Have to Report a Car Accident
While it is always best to report a car accident as soon as possible, it is also reasonable to wait until you have spoken with an experienced lawyer before reporting. Your attorney can answer any questions you have and ensure that you don’t make any mistakes while reporting the accident.
If you are looking for legal assistance after being in a car accident, your best choice is to consult with the car accident attorneys at Morgan and Morgan. We have been providing valuable advice for car accident clients for decades.
Contact us today to get more information and schedule your free case evaluation.