Car accidents happen almost every day, and the police are frequently called to accident scenes. Once the police finish providing emergency help and investigating, they must write an official report. This report may be a key part of your claim for damages.
Police reports should be available to everyone directly involved in a crash, including drivers and passengers. We may request an official copy online or contact the police department directly. It can take a few weeks for a report to be ready, and you should use that time to contact a lawyer for help. Once we have the report, we can review it for information we can use to support your car accident case.
Request a free, private legal assessment from our Berwyn car accident lawyers by calling the Rhatigan Law Offices at (312) 598-0014.
Where Do You Get a Copy of a Police Report for a Car Accident?
The police report is not delivered to you automatically. Once the police complete the investigation, however long that takes, they should write an official report. It is up to you to contact the police and ask for a copy of the report. Otherwise, you will not get one.
Your report may be with the Illinois State Police or the local police in Berwyn, depending on where your accident happened and which police department handled the case. If you are unsure, we can reach out to the authorities to ask.
How Can You Request a Copy of a Police Report for a Car Crash?
You may have a few options for requesting a copy of the report. The state police make copies available online or by mail. Local police in Berwyn also make reports available online. If you are unsure how to submit your request, our Berwyn car accident lawyers may call the police or visit the nearest police station.
How Long Does it Take to Obtain a Copy of a Car Accident Report?
The time it takes to get a copy of a car accident report depends on the accident and how long authorities take to investigate. Most car accident investigations are completed rather quickly, and a report may be available in a few weeks. However, accidents involving serious injuries, death, or potential criminal charges may take much longer to investigate.
Are You Required to Report Car Accidents to the Police in Berwyn?
While you do not have to report all car accidents to the police, it is usually a good idea to get the police involved. Having an official police report, even for minor accidents, can only strengthen your claims for damages.
By law, you must report more serious accidents to the police. Reporting is required if anyone involved in the accident is injured or killed or if property damage exceeds $1,500.
Can You Enter a Police Report as Evidence in a Car Accident Lawsuit?
A police report can help us find information and evidence the police uncovered to use in a lawsuit, but the report itself is usually inadmissible because it is hearsay. Police officers who write the report likely did not witness the accident, so the report relies on second-hand information gathered from others.
Do You Need a Police Report to File a Car Accident Insurance Claim?
Probably, yes. Insurance companies often want a copy of an official police report so they know the accident is real and the claim is genuine.
Also, insurance companies may consider the content of the report when deciding whether to approve your claim, unlike courts of law, which typically do not allow police reports as evidence because they are inadmissible hearsay.
Information in Your Police Report from a Car Accident
Police reports may contain a lot or a little information, depending on what the police learn during their investigation. Possible details include, but are not limited to…
- Driver details
- Information about vehicle damage
- Physical injuries
- Accident scene diagrams
- Witness names and statements
Will You Get in Trouble if You Do Not Report a Car Accident to the Police
Maybe. You likely will not face penalties if you choose not to call the police after a minor fender bender where nobody is physically injured. However, if you fail to contact the police after an accident where someone is badly hurt or even killed, you may face penalties. If you are not sure about whether to report an accident, ask an attorney for help.
Can a Car Accident Report Be Used to Press Criminal Charges?
The police do not decide whether someone is criminally charged in relation to a car accident. Only prosecutors have that authority.
While police reports about a car accident are generally inadmissible in criminal and civil courts because they violate the rule against hearsay, prosecutors may still consider them when deciding whether to press charges. Prosecutors will very likely review the report before deciding on charges.
Can You Claim Damages After a Car Accident Without a Police Report?
Yes, but your case may be more difficult in some respects. While we might not need the report as evidence, insurance companies are more likely to scrutinize your case without one. Also, not having a police report might make your claims seem less credible in court.
Are Police Reports About Auto Accidents Always Correct?
While people often rely on police reports, and police do their best to keep the information as accurate as possible, mistakes can happen. The police might miss important evidence or reach incorrect conclusions. If the report contains incorrect information that damages your claims, we can find other evidence that contradicts the report.
Using Police Reports in Car Accident Settlement Negotiations
The Illinois Rules of Evidence do not extend to private settlement negotiations, and we may consider hearsay evidence, such as police reports, when discussing a settlement with the other driver and their insurance.
We can review the report and bring up its contents during negotiations. Whatever is said during negotiations is confidential and cannot be repeated in court if negotiations fail.
What Should You Do if the Police Report for Your Car Accident is Unavailable?
If you reported a car accident to the police and have not yet received a copy of the report despite requesting one, ask an attorney for help. There may be a reason for the delay, or the police may have made a filing or clerical error. Whatever the case, your lawyer can help you get the police to provide you with a copy of the report.
Call Our Berwyn Car Accident Attorneys for Help with Your Claims Now
Request a free, private legal assessment from our Berwyn personal injury lawyers by calling the Rhatigan Law Offices at (312) 598-0014.
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