Can I File a Car Insurance Claim Without a Police Report?

Can you file an insurance claim without a police report after a car accident in Florida? Yes, but there are many reasons why you might want to get one. A police report can help you negotiate with insurance adjusters for a fair settlement, and without it, you may have to produce a lot more evidence to get the compensation you need. 

Our Florida car accident lawyers at Chubb Law explain why filing an insurance claim without a police report can be more difficult, and ways you can obtain one.

How to Get a Police Report After a Florida Car Accident

For any crash, we recommend calling 911 to get law enforcement officers and medical first responders to the scene. The police can investigate what happened and question everyone involved. Under Chapter 316 Section 065 of the 2024 Florida Statutes, the police must file a report under these circumstances:

• One or more parties are injured or die.
• One or more parties have over $500 of property damage.
• A vehicle is inoperable and must be towed away.
• One or more of the vehicles are commercial vehicles, such as a taxi or a tractor-trailer.
• A driver is intoxicated or under the influence of drugs.

If no one called 911 or the officers who responded to your accident did not file a report, you can complete the Driver Report of Traffic Crash form on your own. You will then email it to SelfReportCrashes@flhsmv.gov. within 10 days after the incident. By filing a crash report quickly, you can push back against any disputes from the insurance company about liability in the accident. 

Why a Police Report Is So Important for Your Florida Car Insurance Claim

Insurance companies will examine every aspect of your claim to verify that it is valid and that you are not exaggerating your expenses. They may even question whether you actually had an accident, because the Insurance Research Council found that as many as 31% of Florida car accident claims are fraudulent. Having a police report documenting the event can give you stronger credibility.

It is also essential that you or your car accident lawyer request a police report because the insurance company will obtain one. You should have your own copy for review in case there are errors or missing details. Rather than allowing the insurer to base its settlement offer on wrong information, you can request a correction to the report so you get the financial relief you need.

You can search for your police crash report on the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Crash Portal. You can request corrections by contacting the law enforcement agency that issued the report and providing documentation supporting your changes. These must be typos or factual changes, instead of disagreements about fault.

What’s Included in a Florida Police Crash Report

A police report is valuable for your claim for two main reasons: it comes from an authoritative source, and it contains critical information for determining the facts of your claim. Other types of evidence can be very convincing, but the strongest documentation comes from police, medical providers, and photographic/video sources. 

The Florida police crash report includes more than just the names of people involved in the crash. It will record vital details, such as:

• Time, date, and location of the accident
• Road and weather conditions
• Collision type (rear-end, head-on, rollover, T-bone, or other type)
• Description of all vehicles and the damage
• Diagram showing what happened
• Notes on contributing factors
• Photographs of the scene, vehicles, and injuries
• Whether officers issued any citations

This level of detail can help your auto accident attorney understand how the crash occurred and whether you may have played a part in it. 

Florida’s Comparative Negligence Rule and How It Applies to Insurance Claims

For a Personal Injury Protection claim, you do not have to prove any fault, so you don’t need a police report. However, it can still be highly beneficial to gather all relevant evidence you can, so you have the best negotiating position. 

For Property Damage Liability claims against another driver’s insurance policy, you can still file a claim without a police report, but it may be harder to get a settlement. Under Chapter 768 Section 81 of the 2024 Florida Statutes, you cannot claim compensation if you are found more than 51% at fault for a personal injury, even if it’s your own. Your attorney can advise you whether this statute applies to your case and whether they expect your insurance company to use it against you. 

Do I Need a Police Report to File a Claim?

If you do not get a copy of your police report before you file your Florida auto insurance claim, you can still get started. Filing an insurance claim with no police report requires other types of evidence, such as the following  examples:

• Photos of your injuries and property damage
• Photos of the road conditions, weather, road signs and signals, and anything else that shows details of the crash
• Video from dashboard, traffic, or security cameras
• Witness statements
• Medical scans, notes, and receipts for your injuries
• videos of the accident scene
• Medical records that show your injuries
• Witness statements
• A copy of the Driver Exchange of Information form, if you received one to complete from the responding officers

With no police report, the insurance claim process requires you to do a lot of work to show how you were hurt. If you are in a lot of pain and focusing on your medical treatments, you can also hire a car accident attorney to manage this process for you. They can even negotiate with insurance adjusters on your behalf to reach a fair settlement. 

At Chubb Law, Our Florida Car Accident Lawyers Will Manage Your Claim With Experience and Compassion

We definitely recommend that you get a police report before you file your insurance claim after a Florida auto crash. However, even if you have begun the claims process and have questions, we are glad to speak with you when you contact us to arrange a free consultation. Our car accident attorneys will explain your options and work hard to increase your injury settlement if possible.

At Chubb Law, we understand the importance of evidence such as police reports, medical records, photos, and expert testimony to succeed in insurance claims and personal injury lawsuits. We offer contingency fee plans, where you don’t pay if we don’t win a settlement or jury award in your case. You do not have to face the consequences of a negligent or careless driver on your own when you can put us to work for you today.