Can I file a police report 2 months after a car accident (2023)

    New Member

    #1


    Aug 30, 2012, 07:34 PM

    Can I file a police report 2 months after a car accident

    My son's car - registered in my name - grazed the side of another vehicle - as he turned right onto a side street. Minor paint transfer occurred. The owner's daughter ( not even the driver ! ) spoke to me on the tele and was adamant about not involving any insurance company or police - especially did not want the police. The daughter of the owner of the vehicle (in her 40's) told me on the telephone that she would have it estimated within a week and get back to me regarding what it would cost to fix. From listening to my son (age early 20's with NO "incident's" thus far) - I think her girlfriend (the driver) was driving on the wrong side of the road ! But the fact remains my son made enough contact on the other car to cause a little paint transfer - so wouldn't that mean he was at fault - even if she was on the wrong side of the road ? Anyway, I called her several times but got a message that she had no more room ton her answering machine to leave any messages . She never got back to me... until just now - a little over TWO months later I just got a message on my tele answering machine from a man who did not identify himself other than mentioning her type vehicle and that they want $800.00 for this paint transfer that happened over two months ago. Problem is that neither my son NOR I got the name of the DRIVER, NOR the Insurance company they have - and ( also foolishly !) there was NO police report filed. Another problem is that since then, I had the car my son was driving at the time this occurred has been hauled away (crushed by now). He is driving another vehicle. I will call my insurance company in the morning - because I cannot recall if I had given her that info on the telephone ! She was so adamant about not involving insurances and especially did NOT want the police involved and my son told me it was just a paint transfer ( no pic taken, either - ugh ! ), so we did not file a police report and decided not to mention it to my insurance company, either.

    Q: Is it too late to file a police report ?

    The man caller said that if we didn't want to pay $800 then they would go through the insurance company. I'm ready to let that happen - although I'll offer a much smaller amount of money first. But before we do anything - I am hoping my son can still file a police report - to have an official record of this.

    Reply

    Uber Member

    #2

    (Video) Should you file a police report after an auto accident?


    Aug 30, 2012, 07:43 PM

    I thinks its too late... too much time has passed for the police to do anything. Reason being in two months anything could have happened that can be blamed on this.

    The time for the police report was when it happened or very shortly afterwards.

    Personally, if I was them... and I have been in a situation that was similar... tried to give the person who hit me a chance, and they tried to screw me so I went to their insurance and filed a claim on the ENTIRE amount as I got the estimate for, rental car and everything I was entitled to. And where I live, Virginia... the victim takes it to any licensed shop they wish... get ONE estimate and that's what the other has to pay. Its not open to negotiations.

    The moral being... pay it or turn it in... tick them off and they can make it a lot more costly very easy.

    I would have gone after them if I didn't have cash in hand within a week. I wouldn't have allowed anyone to drag their feet for two months. IN the case I mentioned I was after their insurance company 2 days after I got the second excuse. I went after their company in the state I lived, where it happened, not the rep from his state that wasn't that far away.

    Reply

    New Member

    #3


    Aug 30, 2012, 08:11 PM

    Hi "smoothy" ! Thanks for answering so quickly...

    I'm hoping the law in the state I live in - will allow a police report to be filed - if only for a record. I'm not wanting them to do anything... I'm also thinking that if my insurance company is going to agree to pay - then they would want to have one of their people estimate the vehicle's damage ? However, there are still a few facts missing -

    1. The driver's name
    2. Did the driver have a license ?
    3. What is their driver's license number ?
    4. The insurance information of the other vehicle
    5. The offending vehicle is no longer among us. Not sure if that matters?

    All the information one should get when in an accident did not get taken down. I thought my son got it - he thought I did - when on the tele with her. No excuse... ignorance is NOOOOO excuse, I know. I'm more annoyed with both my son and myself for NOT getting that info - OR taking a pic of it when it happened - than I am with the pending insurance claim...

    I want to give them something - but $800.00?? I'm not out to screw anybody. However, I am trying to avoid being taken for a ride here... The nagging Question that always comes back to me is "Why would the person who was hit NOT want the police involved.?" If someone hit me - I wouldn't call the police on the scene - if it was as minor as this - however, I would be seriously hoping a police vehicle would happen to be driving by at the time and I certainly WOULD want to file a claim with the insurance company - as well as fill out a police report. Something is fishy - gut feeling.

    Reply

    Uber Member

    #4


    Aug 30, 2012, 08:46 PM

    At this point it is a "he said "-"she said ". Police will not give any report regarding fault. In most states this would be a "No Fault" accident. Let the other party file under their own policy. I would not offer ANY money. Why would you offer to pay if "she was on the wrong side of the road "?

    Reply

    (Video) The biggest mistakes people make after a car accident

    New Member

    #5


    Aug 30, 2012, 09:46 PM

    I like the way you think :) ! He said... she said... NO FAULT... ( I'll have to look into that )

    Reply

    current pert

    (Video) 7 Dirty Tricks Insurance Companies Will Play After an Auto Accident

    #6


    Aug 31, 2012, 12:32 AM

    I agree with no police report, no claim. Too much time has passed, no evidence it even happened, no pictures, and for all you know, the woman driving was drunk or unlicensed or who know what. Further damage to their car could have happened. Ignore the demand for $800 or just say 'too late.' Don't get into a big discussion.
    No fault simply means that each person files a claim with his or her insurance, regardless of who was at fault, and lets them sort it out. No fault goes by state, but many have it.

    Reply

    Expert

    #7


    Aug 31, 2012, 12:58 AM

    You can go file one, they will do nothing but file it. It will do you no good what so ever. Many departments will not even take it.

    You turn it over to your insurance company and let them handle it.

    Reply

    Uber Member

    #8

    (Video) Requesting a NY State Police & Accident Report


    Aug 31, 2012, 08:48 AM

    You need to teach you son you have to get the name address Insurance info from them Tag number (and I've even gotteh the VIN in case they have hot tags.).

    I've always gotten their drivers license number as well as a phone number.

    Just a warning... if you hit an uninsured or unliscensed driver and its your fault... the fact they were driving illegally doesn't automatically get you off the hook. Which is a shame, but it's the law.

    Police will not always come to the scene for minor damage that involves no injuries or private property other than the vehicles if both remain operable.

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FAQs

How long do you have to file a police report after a car accident in New Mexico? ›

Following a car accident, the police report time limit is important, too, because late submissions to the police department may be rejected. Currently, all victims of accidents have five days to turn in their reports, starting from the time the accident was officially called into law enforcement.

How long after an accident can you file a police report in California? ›

In California, you have 24 hours to report an accident to the California Highway Patrol or your local police department. If an officer was present at the scene of the accident, they will file the report.

Can you file a police report days after an accident in Texas? ›

Texas law gives you ten days to report the accident. If a law enforcement officer does not come to the crash scene, you can fill out a crash report form, which is available on the TxDOT website. Keep in mind that ten days is a long stretch of time when it comes to filing claims for injuries or property damage.

Do I have to file a police report for a car accident in California? ›

In California, drivers involved in car accidents resulting in any injury or death – to a driver or pedestrian – are required by law to contact the police or highway patrol and make a written report within 24 hours of the incident.

How long do I have to report an accident? ›

within 24 hours if a person is killed or injured; or. on the first working day after the accident if no person was killed or injured.

Do you need to report a minor car accident to the police? ›

Do you have to report a minor accident to the police? You'll need to report an accident to the police by dialling 101 – the police non-emergency number – within 24 hours. As mentioned above, if you cause any damage to someone's vehicle or property, no matter how minor, you should stop.

What happens if you don't report an accident within 24 hours? ›

If you wait several days, then your insurance company could claim that your injuries were sustained elsewhere. However, many people get involved with minor fender benders. There's no real damage to the vehicle, and all parties feel fine. You may be hesitant to report the accident, but it's still usually a good idea.

What happens if you don't call the police after an accident California? ›

If you don't call the police right away, you give the insurance company ammunition to deny your claim or argue that you're owed less than you deserve. Without a police report, insurance adjusters might also claim the collision didn't happen or that your injuries were caused by another incident.

How long do you have to report an accident to your insurance company? ›

If you're involved in an accident, you must tell your insurance company as soon as possible. Most insurers specify that you must inform them within 24 hours of the incident.

How long do you have to report a car accident to your insurance in Texas? ›

Texas' Statute of Limitation on Car Accident Claims

So, the statute of limitations for car accident claims regarding injuries in Texas is two years from the day of the accident. This limit also applies to those who want to make a claim for property damage resulting from an accident.

Do I need to report an accident if no damage? ›

Always notify your insurers if you are involved in an accident, however minor it may be and regardless of whether there is any damage. If you are involved in an accident and do not wish to make a claim on your policy you can simply advise your insurers about the accident 'For notification purposes only'.

What do you do in a minor car accident with no damage? ›

Essential Steps in Any Car Accident
  • Stay Calm and Clear the Road.
  • Exchange Contact and Insurance Information.
  • Take Photos of the Accident.
  • Call the Police and Report the Accident.
  • Stay At the Accident Scene Until a Police Officer Arrives and a Files a Police Report.
  • Double Check for Damage.
  • Inform Your Insurance Company.
Dec 6, 2021

Does a no-fault accident go on your record in California? ›

Yes, a no-fault vehicle accident will indeed go on your driving record. For example, if you are rear-ended by another driver at a stop sign, and your vehicle sustains significant damage, you will need to contact your own insurance company and file a claim to get reimbursed for these costs.

Do all accidents show up on your driving record California? ›

In California, every car accident that is reported to the state's Department of Motor Vehicles (DMV) by police will show up on your driving record for a prolonged period of time. However, if the reporting police clearly indicated that the other party was at fault, the accident may not show up on your driving record.

What happens if you don't report an accident to the DMV in California? ›

The California Department of Motor Vehicles (DMV) requires all crashes file an SR-1 form within ten days of the accident. Failure to submit the DMV form can result in a suspension of your driver's license for one year.

Can you report a car accident at any police station? ›

A pedestrian or a passenger victim of a road accident may report his or her involvement at any police station. He/she must present proof of identification.

How do I fill out an accident report? ›

Your six-step guide
  1. The name, gender, date of birth and job title of the injured party;
  2. The date the accident happened;
  3. The date the accident was reported;
  4. The name and job title of the person logging the accident;
  5. Whether or the not the injured party is an expectant mother; and.

How soon after do you need to report an accident incident or near miss? ›

NB: A report must be received within 10 days of the incident. For accidents resulting in the over-seven-day incapacitation of a worker, you must notify the enforcing authority within 15 days of the incident, using the appropriate online form.

What should you not say to your insurance company after an accident? ›

Even if you know the accident was your fault, don't say sorry or admit guilt at the scene as your insurer might have a clause about it. Exchange details with the other's involved and get in touch with your insurer to report the incident.

What is a bender fender? ›

A fender bender is a low-speed car accident that doesn't result in serious injuries; the vehicle damage is minimal, and your car is still in driveable shape. Examples of fender benders include: Getting hit when you're backing your car out of a spot in a parking lot.

Is police report necessary for insurance claim? ›

File an FIR with the Police:

FIR is required in case of theft, road accidents or fire. You may not require an FIR if it is for minor dents and scratches. And you will require it when a third party is involved in the accident.

Do insurance companies contact police? ›

“While your car insurance company may ask if you contacted the police or filed a police report, they will not contact the police on your behalf. If the state you live in requires you to file a police report after an accident, it is your responsibility to do so. Most states have specific time limits for filing a report.

How long does an insurance company have to investigate a claim? ›

Generally, the insurance company has about 30 days to investigate your auto insurance claim, though the number of days vary by state.

Should I call my insurance if it wasn't my fault? ›

Yes, you should call your insurance company if you were in a car accident that was not your fault. There are two main reasons for this. First, your insurance company may require you to contact them as outlined in your policy.

What happens if you don't declare an accident? ›

Almost every insurance provider will have a clause in their policy requiring you to declare any incidents you've been involved in while driving in the past 5 years. If you don't report something and your insurance provider finds out about it later, they could invalidate your policy.

Can I claim on my car insurance for a dent? ›

If you have fully comprehensive car insurance, your normal policy should cover scratches and dents – but it might not be worth claiming on it. Every time you make a claim on your cover, insurers take note. If you make claims too often, you'll miss out on a no claims bonus.

What is the statute of limitations for a car accident in Texas? ›

In the state of Texas, the statute of limitations for motor vehicle accidents is two years. This is measured from the date of injury and regardless of the type of incident that allegedly led to the injury.

How do I file a police report for a car accident in Texas? ›

How to File a Police Report in Texas. There are two ways to file a police report in the state of Texas: You can either file it with the police officer who shows at the scene or with the Texas Department of Transportation (TxDOT) after the accident.

Is it an offence to leave the scene of an accident? ›

Am I guilty of an offence? Yes, save for in exceptional circumstances. You may have a defence if you were unaware at the time of the accident that personal injury and/or damage was caused.

Does bumping a car cause damage? ›

Example: A driver accidentally bumps a second vehicle in a parking lot, but damage is only caused to the driver's car. The driver did not cause damage to the property of another and should not be convicted of the crime.

How much will a no-fault claim raise my insurance? ›

some providers can raise your premiums by up to 30% for one non-fault claim, and 50% for two non-fault claims. insurers will usually ask for your claims history, this can be for around three to five years. a non-fault claim will have less of an impact as time goes on and you start to rebuild your no-claims bonus.

Will my insurance pay if it was my fault? ›

In most states, if you are at fault for an accident you (or your insurance company if you have liability coverage) will have to pay for the losses of the other driver, passengers, and anyone else harmed by the accident. Losses include things like car repairs, medical bills, lost income, and pain and suffering.

How many points is an accident in California? ›

Points on Your Driving Record

The California DMV point system assigns a value to each traffic ticket or accident. Traffic tickets can carry 1-2 points, and accidents can carry 1 point. These points are added to your driving record, and if you exceed a certain number of points, you may lose your driving privileges.

How much does insurance go up after an accident in California? ›

In California, the average dollar increase is $585, and the average percent increase is 69%. Insurance rate increases after an accident can also differ depending on the insurance company the policy is with, who was at fault, driver history, driver experience, and miles driven.

Why is accident forgiveness not available in California? ›

Accident forgiveness is not available in California because a 1988 law, Proposition 103, made it illegal for insurers to charge “excessive rates.” The law indirectly bars insurers from offering accident forgiveness in California because drivers would be charged higher rates to offset the cost of forgiven accidents.

Who determines fault in an auto accident California? ›

California adheres to the at-fault insurance system in determining who will pay for the accident compensation. Thus, courts must determine fault for compensation. That way, victims will get the proper reimbursement for damages they've sustained from the car accident.

How long do you have to report accident in California? ›

Notify your agent and/or your insurance company immediately. If anyone is injured or the vehicle damage exceeds $750.00, you must report the accident to the Department of Motor Vehicles within 10 days. Failure to notify the DMV may result in the suspension of your driver's license.

Can I file an accident report online in California? ›

Reporting a Collision to DMV

SR 1 forms are available at DMV field offices, at CHP offices, or online at www.dmv.ca.gov. An SR 1 form is required whether you caused the collision or not, and even if the collision occurred on private property.

How long do I have to report a hit and run California? ›

You need to report the accident to your insurance company within 2 years in California. Of course, it's better to do it far sooner than that. If the driver who committed the hit and run is identified, your insurance company will make a claim to the other driver's insurance company for the damages.

Do I need to report a car accident if no damage? ›

Always notify your insurers if you are involved in an accident, however minor it may be and regardless of whether there is any damage. If you are involved in an accident and do not wish to make a claim on your policy you can simply advise your insurers about the accident 'For notification purposes only'.

What happens if I don't report a car accident to DMV in California? ›

The California Department of Motor Vehicles (DMV) requires all crashes file an SR-1 form within ten days of the accident. Failure to submit the DMV form can result in a suspension of your driver's license for one year.

How do I report an accident to the police in California? ›

Call 9-1-1 immediately to report the collision to the police or California Highway Patrol (CHP). You must show your driver license, vehicle registration card, evidence of financial responsibility, and current address to the other driver or persons involved, or to a peace officer.

What do you do in a minor car accident with no damage? ›

Essential Steps in Any Car Accident
  • Stay Calm and Clear the Road.
  • Exchange Contact and Insurance Information.
  • Take Photos of the Accident.
  • Call the Police and Report the Accident.
  • Stay At the Accident Scene Until a Police Officer Arrives and a Files a Police Report.
  • Double Check for Damage.
  • Inform Your Insurance Company.
Dec 6, 2021

Do all accidents show up on your driving record California? ›

In California, every car accident that is reported to the state's Department of Motor Vehicles (DMV) by police will show up on your driving record for a prolonged period of time. However, if the reporting police clearly indicated that the other party was at fault, the accident may not show up on your driving record.

Does a no fault accident go on your record in California? ›

Yes, a no-fault vehicle accident will indeed go on your driving record. For example, if you are rear-ended by another driver at a stop sign, and your vehicle sustains significant damage, you will need to contact your own insurance company and file a claim to get reimbursed for these costs.

How soon after do you need to report an accident incident or near miss? ›

NB: A report must be received within 10 days of the incident. For accidents resulting in the over-seven-day incapacitation of a worker, you must notify the enforcing authority within 15 days of the incident, using the appropriate online form.

What should you not say to your insurance company after an accident? ›

Even if you know the accident was your fault, don't say sorry or admit guilt at the scene as your insurer might have a clause about it. Exchange details with the other's involved and get in touch with your insurer to report the incident.

How many points is a accident in California? ›

Points on Your Driving Record

The California DMV point system assigns a value to each traffic ticket or accident. Traffic tickets can carry 1-2 points, and accidents can carry 1 point. These points are added to your driving record, and if you exceed a certain number of points, you may lose your driving privileges.

Do insurance companies report accidents to DMV California? ›

The short answer is “no.” Insurance companies do not report accidents to the DMV.

How do I file a police report? ›

To report criminal activity, contact your local police or sheriff's department first. They can determine if a report of criminal activity needs attention. If this is an emergency, call 911.

How long does an accident stay on your record in California? ›

In California, for instance, most accidents and minor violations stay on your driving record for three years. Accidents involving more serious violations stay on your record longer — 10 years for a DUI conviction.

What are the possible legal consequences of a collision? ›

In addition to criminal prosecution, a driver involved in a hit and run could face consequences that include: a civil lawsuit brought by another party to the accident. penalties from the state department of motor vehicles, or. an increase in auto insurance premiums.

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