Can I File an Accident Claim in Florida Without a Police Report?

Waiting around for the authorities to arrive after an accident isn’t anyone’s idea of a good time. Injuries are pretty non-existent, along with property damage so why not drive away? After all, you have better things to do than sit around waiting. 

There’s no harm in not reporting a non-serious traffic accident. This may sound great in theory but you may run into some problems. If you end up filing an Orlando accident claim without a police report it’s definitely not going to be an easy process. So, what happens if you don’t have a police report? Can you still try to recover compensation for any damages?

When You Must Immediately Report a Vehicle Accident in Florida

The Sunshine State doesn’t require immediate reporting of all traffic accidents. For example, a minor fender bender in a parking lot probably isn’t going to cause any injuries or significant property damage. Exchanging insurance and contact information is often enough. Even your insurance company may be okay with you submitting a small damage claim without a police report.

Insurance companies usually don’t freak out when the claim is only for a cracked windshield or a barely noticeable dent on your vehicle’s bumper. After all, this is why you have a full-coverage policy so minor damage is pretty much always covered. However, before you think it’s okay to drive away after an accident, take a quick look at Florida state law.

Police reports, which means immediately alerting the authorities, are necessary if any of the following applies:

 

• One of the drivers seems to be intoxicated
• A vehicle must be towed from the accident scene
• An involved party complains of discomfort or physical pain
• The collision results in a fatality at the scene
• A commercial motor vehicle is involved

 

You’re also required to report an accident if property damage exceeds $500. This brings us back to your minor parking lot fender bender. If you think your minor vehicle damage is going to run over $500 to repair, get an accident report. Chances are it’s state law and your insurance provider is going to ask for your police report.

When You Can Skip Reporting an Accident

You’re probably wondering why even bother covering this after reading through the above section. When it comes to pretty much any type of vehicle accident, get a copy of your police report. However, some types of accidents don’t require a police report. We’re talking about accidents on someone else’s property. This can be either private or public property, the same premises liability law covers both.

The property owner and/or manager is automatically considered the negligent party. The way the law looks at it, property owners are responsible for keeping their premises free of all hazards. This includes known hazards and ones the property owner should know about. If you’re injured in an accident, you don’t need to report the incident to the authorities. 

However, you’re still going to need evidence to support your accident claim. This typically includes getting contact information from any witnesses, taking pictures of the accident scene, and marking the location of any surveillance cameras.

Steps for Filing a Florida Injury Claim Without an Accident Report

Okay, don’t panic if you don’t have an accident report. There’s a chance you can still recover at least some compensation. However, you may need to settle for less than your claim’s actual value. This is common in claims missing accident reports. Usually, the accident victim is happy to receive something for their damages.

Create an Accident Report

You’re not really creating an accident report but you are giving the insurance company the information usually found in one. This usually includes:

 

• The at-fault driver’s license plate number
• A detailed description of your injuries
• An accurate account of your property damage. Your property isn’t limited to your vehicle, it can be just about anything you own that’s damaged in the collision.
• The weather conditions at the time of the accident. For example, the time and if it’s rainy or sunny.
• Information about the at-fault driver’s insurance provider. You should at least be able to provide the insurance company’s name.

 

What happens if you don’t get the at-fault driver’s insurance information? This can put a kink in the legal process. There’s a chance your personal injury attorney or your insurance provider may be able to track down the information but don’t hold your breath.

Gather Evidence

Your missing accident report is a huge chunk of the evidence you typically submit to the insurance company with your injury claim. Since you don’t have an accident report, you’re going to need to gather plenty of irrefutable evidence. Unfortunately, this is often easier said than done.

Eyewitness testimony can help support your version of events. Your attorney may even bring in an accident scene reconstruction specialist. Medical records support your injuries, along with any bills and receipts for diagnosis and treatment. Estimates for property damage/repairs are something else you don’t want to omit. If you’re also claiming lost income, you’ll need some past pay stubs and a letter from your employer.

Sometimes, this is enough to get your case moving forward but not always. A good tip is to talk to the insurance adjuster and find out exactly what they need to potentially approve your claim.

Downsides of Not Getting an Accident Report

There is an upside to not getting an accident report, you’re not waiting around for the authorities to arrive. However, this is about the only positive. Otherwise, all you’re doing is making it tougher to recover compensation for your damages.

Not every insurance company approves injury claims without an accident report and it’s perfectly legal. Even if the insurance company agrees to review your claim, you’re still in for a fight. Since you’re missing a key piece of evidence the insurance company will usually offer to settle for significantly less than your claim’s full value. Sometimes, it’s your only option if you want to receive compensation. To help ensure you can file an injury claim without a police report, contact a Florida accident attorney.