You’re in a car crash.
Hopefully, no one is seriously injured. Hopefully, your car hasn’t sustained too much damage. Hopefully, you won’t be on the hook for someone else’s damages.
These are likely the first thoughts to run through your mind after an accident. It’s overwhelming—no matter how old you are, how experienced you are, or the circumstances of the crash—the moments immediately following any kind of crash can be stressful, and you might not be thinking straight.
But there’s one thing you should think about.
You should file a police report. The reporting requirements vary by state. Some states only require a police report if the crash results in death, injury, or property damage of a specific value. Each state also has its own law for the time in which a report must be filed. Additionally, each state has its own set of laws for whether or when police are required to respond to every crash. Some states have a mandatory response, even for a minor accident with no injuries or significant property damage. Others don’t require a police response if there are no injuries and no significant damages.
Either way, if you’re involved in a crash, you should—at minimum—call the local police department to report it. If they decline to come to the scene, it’s because they know the law doesn’t require it.
However, whether or not the police respond to your crash, here are some tips for handling the interaction and how to make the most of the police report to benefit any future related legal matters.
How to file a police report after a car accident
1. Check for injuries and call 911
If possible, move the vehicles out of traffic and check any involved person for injuries. In most states, you’re legally required to contact the police if there are injuries, fatalities, or significant property damage (usually defined as $500 to $1,000 or more). Don’t leave the scene; leaving before police arrive could result in a hit-and-run charge.
2. Cooperate with the police on the scene
When officers arrive, they will gather information, inspect damage, and might issue citations. Be polite and factual, though it’s best to avoid admitting guilt. You’re required to provide your driver’s license, registration, and insurance information when requested.
3. Gather your own evidence
The police will prepare their own report, but you can collect information that would supplement their information. This could include photos of vehicle damage, the accident scene, and weather or road conditions; names and contact information for witnesses; and any other involved drivers’ insurance details and license plate numbers.
This evidence could help clarify details later if the police report is incomplete.
One thing the police might not do is inquire at local businesses, residences, and other places nearby to determine whether the crash might’ve been captured on surveillance video. Now that most businesses have indoor and outdoor cameras, as do many homes (for example, Ring cameras), there’s a possibility that the crash could be on video, which might be invaluable if you’re involved in a lawsuit. However, most businesses don’t save video very long, so it’s important to request the video right away if you might want it preserved for a legal claim or defense.
4. File your own police report
If the car crash happened in a place where police won’t respond to the scene, you can file your own police report.
You can do this by visiting the local police station or using the online reporting system if that’s available in the jurisdiction. Provide all details about the accident, including location, time, vehicle descriptions, and any injuries. Some states require drivers to file a report with the DMV in addition to, or instead of, a police report if the crash involves certain levels of damage or injury.
5. Obtain a copy of the police report
If there’s an officer on the scene, ask how to obtain a copy of the report. You might need to contact the local police department’s records division, the state highway patrol, or there might be an online crash report portal. You might need to pay a small fee ($10-$25), and you should keep a copy for your insurance company and another for your personal records.
Why filing a police report matters
There are three primary uses for a police report:
- Insurance claims. An insurer usually requires an official police report to process a claim.
- Legal protection. The report creates a neutral record that might support your version of events.
- Future lawsuits. If a dispute arises, the police report can be critical evidence in a personal injury case.
Filing a police report after a car accident protects your rights and helps establish what happened. Even in minor accidents, having an official record can prevent disputes later. If you’re unsure about your legal obligations after a crash, or if you’ve been injured, it’s a good idea to consult a personal injury lawyer to understand your options.
See our guide Choosing a personal injury attorney.