Minor Car Accident, No Police Report

Defining what constitutes a minor car accident is often in the eye of the beholder. For example, what seems minor to you might be considered serious to the other party involved in an auto crash. The general definition of a minor car accident is one in which the impact generates no serious injuries and minimal property damage. For example, a fender bender in a library parking lot that does not produce serious injuries and property damage should be considered a minor car accident. 

Most states define what constitutes a minor car accident, which does not require the filing of a police report. For instance, one state might consider a minor car accident to generate less than $500 in property damage, while an adjoining state considers a minor car accident to constitute property damage that is less than $4,000. Another factor to consider concerns where a minor car accident takes place. In most jurisdictions, the local police department does not submit an official accident report of incidents that occur on private property.

One important reminder: You cannot assess whether a car accident qualifies as minor until you take your motor vehicle to a certified mechanic for an inspection. You should not make the decision while your vehicle sits at the accident scene.

After a car accident, one of the items on your to-do list should be to contact a state-licensed car accident attorney, regardless of whether a law enforcement agency files an official accident report. However, it is especially important for you to receive legal support for a minor car accident with no police report.

Conduct a Comprehensive Investigation

The official police report submitted by a responding law enforcement agency includes the results of the thorough investigation conducted by department personnel. For a minor car accident with no police report, your insurance company does not receive the results of an investigation. The car accident attorney that you hire from Morgan and Morgan fills the void by conducting an extensive investigation with the support of one of our licensed investigators.

Your attorney and the in-house investigator assigned to your case return to the accident scene to shoot photographs of tire marks and other pieces of physical evidence that might determine whether another party committed one or more acts of negligence. Video footage captured by a traffic and/or security camera represents a pivotal piece of evidence that might demonstrate the other party acted negligently. Common negligent acts that cause motor vehicle collisions include speeding and operating a motor vehicle while under the influence of drugs and/or alcohol.

Taking photos of the damage done to your car also can help determine which party should assume blame for causing the collision.

Meet With Witnesses

Witnesses provide support for the physical evidence collected at the accident scene, as well as from other valid sources. Your attorney interviews witnesses as close to the date of the auto crash as possible to ensure they provide the most accurate information. Waiting too long to interview witnesses can lead to the submission of unreliable information, as witness accounts tend to lose credibility when they are given several weeks or even a few months after a motor vehicle collision.

One of the many advantages of your attorney receiving a copy of the official police report involves obtaining the list of witnesses. Without a police report after a car accident, your lawyer has to depend on the witness information supplied by you and possibly another source.

Helps File Your Insurance Claim

Filing an insurance claim does not appear to be difficult to do. You complete every section with accurate information and then send the claim form to your insurance company. However, you might be surprised to learn that one of the most common reasons for denied auto insurance claims concerns the filing of incomplete and/or inaccurate forms. Filing a claim after a car accident with no police report can be especially difficult to do.

Far too many insurance companies take advantage of policyholders that do not retain legal representation. Without an attorney providing you with legal support, your insurance company might deny a valid claim or approve a claim for a value that is far less than what you deserve in compensation. The insurance company processing the claim might justify a denied claim by stating you must submit a copy of the official police report for your claim to be considered for approval. Hiring an attorney prevents the insurance adjuster processing your claim from trying to implement any unethical tactics.

Calculate Compensation

Another common reason why insurance companies deny claims concerns the submission of an unfair value for compensation. The car accident attorney from Morgan and Morgan calculates a reasonable value for compensation by first adding up all tangible expenses, such as the costs associated with medical bills and the repairs done to your motor vehicle. Even if the car accident is considered minor, you can still develop injuries that generate substantial medical bills. After calculating the value of economic damages, your attorney determines the value of pain and suffering. Getting involved in even a minor auto crash can trigger emotional distress issues, such as the symptoms that develop because of Post-Traumatic Stress Disorder (PTSD).

Your lawyer calculates a fair value for pain and suffering by using a formula that factors in the value of economic damages.

Buffer Between You and the Insurance Company

Dealing with an insurance adjuster can consume a significant amount of time, which is time better spent focusing on other areas of your life, such as healing your injuries and developing new career skills that address the limitations placed on you by your injuries. Interacting with an insurance adjuster also can produce considerable stress that is a direct byproduct of feeling highly frustrated with the claim process.

Your car accident attorney alleviates the burden of dealing with an insurance adjuster by acting as a buffer between you and the insurance company. In addition to handling financial issues, your lawyer also closely monitors the progress of your claim to ensure it receives the attention that it deserves.

Negotiate a Settlement

Although a denied insurance claim does not mean the end of your quest to receive compensation, you should consider trying to negotiate a settlement before filing an appeal. The appeal process takes much longer to unfold due to a backlog of appeal requests, as well as a shortage of insurance company personnel to moderate appeal hearings. Unless you submit more compelling physical evidence, getting a denied insurance claim overturned is difficult to do.

The better option to address a denied auto insurance claim involves trying to negotiate a settlement. Your car accident attorney submits an initial offer, which the insurance company either accepts or rejects. If the insurance adjuster rejects the initial offer, you should receive a counteroffer or a letter explaining how to file an appeal for a denied auto insurance claim. Several counteroffers can follow the initial offer until both parties agree to a settlement or decide to take your denied claim to the appeals process.

Although getting an auto insurance claim approved for a minor car accident with no police report is more difficult than submitting other types of car insurance claims, working with one of the experienced car accident attorneys at Morgan and Morgan helps boost the strength of your claim. Your lawyer gathers the physical evidence required to file a convincing claim, even without the legal support of an official police report.

To learn more about how to get an auto insurance claim approved for a minor car accident with no police report, schedule a free case evaluation with Morgan and Morgan.