In a California car accident, involved individuals must notify the authorities immediately, mainly if it results in injuries or death. While responding officers can help prove an accident claim with a police report, what you say and how you handle the police questions significantly impact the result of such a document.
In this article, you will understand the importance of police reports in a California car accident and how to handle questions during the investigation effectively.
Do I Need to Report a California Car Accident to the Police?
While it is required to notify the authorities about a car accident in California, not all incidents must be reported. According to the Department of Motor Vehicles, you may not file a police report for an accident if it meets the following criteria:
- The accident involves minor property damage, amounting to less than $1,000.
- There are no bodily injuries resulting from the collision.
However, you MUST report a car accident to the police if the following circumstances apply to your situation:
- The incident resulted in property damages totaling $1,000 or more.
- It involves a hit-and-run scenario.
- Bodily injuries occur as a consequence of the collision.
- The accident leads to wrongful death.
Note that when the accident causes significant bodily harm or results in wrongful death, it must be reported to the police within 24 hours of the crash. Neglecting to do so can result in a hit-and-run violation and may result in legal penalties, including:
- State imprisonment for a period of two to four years.
- County jail time ranging from 90 days to 1 year.
- Fines ranging from $1,000 to $10,000.
Aside from law enforcement, as per California Vehicle Code 16000, a DMV report must be submitted within ten days following the collision if the accident leads to property damage exceeding $1,000, injuries, or wrongful death.
How Can Police Officers Help Prove My Claim?
Responding police officers typically develop accident reports that include pertinent details about a crash. In most cases, the at-fault party’s insurance company will ask for a copy of the police report to verify the cause of the collision before compensating for the damages.
Usually, police reports include the following information:
- The date, time, and location of the incident.
- Contact details of all parties involved, including witnesses.
- A narrative outlining the events leading up to and following the incident.
- Visual representations such as diagrams or sketches depicting the accident scene.
- Statements provided by the involved parties and witnesses.
- Any citations or charges issued as a result of the incident.
- Any other relevant information about the accident.
As such, having a police report can help prove a California car accident through the following:
- It preserves pieces of evidence relevant to the case.
- It includes statements from the involved parties and testimonies from witnesses, which can help show how the accident happened.
- It is necessary proof that insurance companies are usually required to determine the cause of the collision.
While police reports are generally not required when filing a car accident claim, they can significantly speed up the legal process and help you obtain the compensation you deserve.
Lawyer’s Tip: You still have the option to file a claim for compensation even if the police report doesn’t seem to be in your favor. However, you must have the necessary evidence to show the other party’s negligence, such as photos of the accident or witness testimonies.
How to Handle Police Questions After a California Car Accident
Submitting a California car accident report for a collision resulting in injuries or significant damage is a driver’s legal duty. However, remember how you handle the police question and significantly influence the outcome of your case.
This is why it is essential to determine what to do and not to do when cooperating with the authorities during the investigation of a car crash.
Dos
- Keep Calm: When interacting with law enforcement, maintain your composure and cooperation. Refrain from showing aggression as this can make things worse. Sometimes, you can even look like the at-fault party if you act hastily and aggressively during the investigation.
- Give Accurate Information: Always share accurate information when answering inquiries. If there are specific details you are unsure of, don’t guess or speculate. Instead, you can say you are unsure and refrain from giving other information that may hurt your case.
- Don’t Admit Fault: Even if you think you may have contributed to the car accident, avoid taking responsibility for it or offering an apology. Remember that a simple apology can show liability and hurt your case.
- Avoid Making Statements That Counter Your Interests: Always be careful when sharing details about the accident. Usually, the authorities will ask for your statement about how the accident happened. When this happens, refrain from making remarks that can undermine your position, especially when filing a claim for the future.
- Request Medical Attention: Your health comes first. When responding officers arrive, you can ask for medical attention even if you don’t feel anything after the crash. Sometimes, a collision results in late-appearing injuries, so it is best to seek medical help to ensure your overall well-being.
- Request a Copy of the Police Report: After filing the report, ask the officer how to get a copy. You may also ask for the responding officer’s details – this can be helpful when requesting a police report. Insurance companies typically rely on such a document when verifying your case.
Don’ts
- Never leave the accident scene without notifying the authorities and exchanging insurance and contact details: Reporting an accident to the authorities is mandated by law in most jurisdictions, so remember to call the police immediately after a crash.
- Don’t express regret or take responsibility for the accident: Anything you say or do at the scene of the accident may be used by insurance companies to lower their liability. Admitting guilt or expressing regret could make it challenging for you to negotiate with insurance providers.
- Don’t make assumptions or guesses about how the crash occurred: Making assumptions about the cause of the accident may result in errors in your description of events. This may result in inconsistent information, potentially hurting your credibility. Instead, only share details that are required and accurate.
- Avoid arguing or confronting the other person: Getting into arguments or heated disputes with the other party could have adverse legal effects and be used against you in a car accident claim. Remember that aggressive behavior could be construed as an admission of fault.
- Avoid discussing specifics of the collision with the other driver or witnesses: In conversations, details of the crash may be misunderstood, resulting in inconsistencies or errors in the reports given to the police or insurance companies. Instead, refrain from talking about the accident until all pertinent details have been recorded and examined by legal experts.
- Don’t accept an offer without consulting a California car accident attorney: Sometimes, the other driver may offer monetary compensation on the spot to avoid escalating the issue and paying for further damages. It is best to contact a California car accident attorney before accepting any offer to maximize your payout.
Overall, what you say to the authorities and how you act during the investigation can significantly affect the outcome of your case. Follow the tips above to avoid any issues with your car accident claim. You can also hire the best car accident injury lawyer California offers to guide you throughout the legal process.
Can I Be Liable for a Car Accident If I Don’t Report It?
Remember that reporting a car accident, mainly if it results in injuries or significant injuries, is a legal obligation of individuals involved in a crash. You might face legal consequences for a hit-and-run violation by fleeing the scene.
If you aren’t liable for the crash and didn’t report it, your credibility might be questioned in a car accident claim. The insurance provider may insist you are guilty of the collision for not reporting it. As a result, you may be construed as the at-fault party, potentially reducing your settlement or leading to a case dismissal.
Proving your innocence in a car accident may be challenging without police reports to support your claim. It is best to notify the authorities immediately after a collision to avoid such legal issues.
How Can a California Car Accident Attorney Help Me?
You can pursue a claim independently if the accident resulted in minor damages. However, it becomes essential to seek legal representation when the collision causes significant damage and presents complexities, such as the absence of a police report.
Not obtaining a police report after an accident could weaken your claim, as the other driver’s insurance company might seek to downplay your injuries and losses. How can you prove the other driver’s negligence without a police report?
A California car accident attorney can help assess the situation and collect evidence to justify the other party’s liability for the crash. They can also do the following to protect your legal rights:
- Gather evidence to justify your case.
- Determine liability of the at-fault party.
- Evaluate the complete scope of damages.
- Communicate with the insurance provider.
- Commence legal action if necessary.
Jacoby & Meyers: The Best Car Accident Injury Lawyer California Offers
Many legal firms across California assist accident victims in pursuing compensation. However, Jacoby & Meyers offers a unique legal process committed to protecting your rights, making us the preferred option for accident victims.
Since 1972, Jacoby & Meyers has consistently advocated for the legal rights of individuals involved in accidents and secured significant settlements exceeding $2 billion. This demonstrates our unwavering dedication to our clients.
If you are injured in an auto collision, the best car accident injury lawyers California offers, Jacoby & Meyers, can assist you. We offer complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“I got into a collision. It was the other party’s fault, and the different insurance companies gave me a hard time with my claim. While driving, I saw the billboard for Jacoby and Meyers and quickly submitted an online case evaluation. Thirty minutes later, I received a phone call from one of the attorneys, who took my information.
To make the story short, they were able to address my issues, and I received medical treatment. The other insurance party quickly paid for my auto damage, which resulted in the car being totaled. About a year later, I finally got an email from the attorney stating the other insurance party was willing to pay for the settlement.
The service was excellent (accuracy, communication, and professionalism). I will refer your law firm to all I know who need your service.” – Mher P.
Frequently Asked Questions
Do you have further questions regarding car accident claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How to Take Photos in a Car Accident Scene
- How Do I Include Lost Wages in My Personal Injury Claim?
- What Are the Hit-and-Run Laws in California?
- What is the Average Settlement for a Spinal Cord Injury from a Car Accident?
- Can I File a Claim for an Accident Caused by Detached Tires?
Works Cited
California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20008. Accessed 24 April 2024.
“California Vehicle Code 16000.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16000. Accessed 24 April 2024.
Simon, Shelby. “Car Accident Police Report: When & How To Get A Report.” Forbes, 3 October 2022, https://www.forbes.com/advisor/legal/auto-accident/car-accident-police-report/. Accessed 24 April 2024.
“Vehicle Collisions.” California DMV, https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/vehicle-collisions-ffdl-16/. Accessed 24 April 2024.
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