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Month: December 2023

Can You Claim a Car Accident Without a Police Report?

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You suffer a car accident but would prefer to settle this situation without involving the police. Can you claim a car accident without a police report?

The short answer is that yes, in some cases, you may file an insurance claim without a police report. However, it’s better to have an accident report if you can. A car accident lawyer in Mobile, AL, can determine whether you must contact the police after someone hits your vehicle.

Do You Need To Report an Accident in Alabama?

In Alabama, you must notify the police of any accident that caused death, injury, or property damage over $500 if the at-fault driver was uninsured. The reporting deadline is 30 days after the accident.

Failing to report an accident may land you in serious trouble. If the accident resulted in property damage only, non-reporting would be a Class A misdemeanor with a possible fine of up to $1,000. Persons who don’t report an accident that led to injury or death may face a Class C felony conviction and much higher fines.

Since it’s better to be safe than sorry, report your accident when in any doubt. Preferably, you’d call the police from the accident scene and, if possible, wait for law enforcement to arrive. 

Why It’s Always Better To Have a Police Report

If you’re planning to file an accident claim, a police report is a key piece of evidence you’d use. Insurance companies may look into the police report to determine who caused the accident. With an accident report, you’re less likely to find yourself in a situation where your insurer denies coverage, and you end up paying for damages out of pocket.

Since car accident claims in Alabama operate on a fault basis, you must show that the other side was responsible. You’ll also have to prove that the accident wasn’t your fault if you want to avoid paying higher auto insurance premiums. Both are easier to do with a police report. 

A police report can also protect you in a situation where the other motorist gives you false information and disappears after an accident.

What’s in a Police Report?

A police report typically includes the following:

  • The time, date, and precise location of the crash
  • Information about the people and vehicles involved, like names, contact information, and license plate numbers
  • A diagram depicting the accident (the path the vehicles took and where they collided

The reporting officer may also give their initial conclusions about possible causes of the crash, like a note that one of the motorists showed signs of impaired driving. 

If you must report the accident after leaving the crash scene, provide as many details as possible about the collision, including its location, time, date, and circumstances. Also, include any information you have about the other motorist who was involved.

Sourcing a Copy of the Police Report

You can request a copy of the report through the law enforcement office that responded to the accident. If the police arrive on the scene, the reporting officer will usually give you an identification number. Use this number later to ask for a copy of the report.

Once you have the report, you can include it in your insurance claim, and the insurance adjuster will look into it to establish fault. 

Will an Insurer Accept a Claim Without a Police Report?

Supposing a report is unavailable, can you claim a car accident without a police report? Usually, yes, especially if you’re filing after a minor collision that didn’t lead to extensive damage or injuries. However, the claim process may be slower if you don’t have a police report.

In the absence of an official accident report, you will need to present other evidence to your insurer. This evidence may include:

  • Photos of the accident scene, focusing on damage to your vehicle, skid marks, and other important details
  • Dash cam or surveillance camera footage
  • The names, insurance details, and other information of any other motorists who were involved in the accident
  • Eyewitness statements, if other people saw the accident, and the witnesses’ identifying information
  • A detailed account of the collision, including the entire chain of events, possible factors that caused the crash, road and weather conditions, etc.

How Long Do You Have To File a Claim?

In Alabama, you must file a personal injury claim within two years of the accident and a property damage claim within six years. However, in practice, you should talk to a lawyer shortly after your accident and decide your next steps. The sooner you begin working on your claim, the easier it will be to collect witness statements, medical reports, and other evidence. 

Does a Police Report Mean an Insurer Will Automatically Accept Your Claim?

A police report is only part of the evidence you’ll provide when filing your claim. The at-fault driver’s insurance company may still dispute this report and deny your claim based on other factors. 

The larger your potential settlement may be, the stronger incentive an insurer may have to challenge your claim. If you suffered a serious accident with high ensuing damages, you always need a competent lawyer to protect your rights.

Call Jackson & Foster Law for Help With Your Car Accident Case

The general answer to “Can you claim a car accident without a police report?” is “Sometimes, but having such a report is immensely helpful if you plan to sue for damages.”

If you’re preparing to file a car accident claim, call us at Jackson & Foster Law to consult an experienced attorney who knows all about car accidents and insurance companies. We’ll let you know whether you need to report your accident to the police and guide you through the process of filing a claim.

Call 251-433-6699 or contact us online to schedule a free case evaluation.

How Does a Car Accident Settlement Work in Mobile, AL?

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Another driver hit your car, injured you, and caused damage to your vehicle. If you believe the accident was the other driver’s fault, you may expect them to cover your medical bills and other damages. However, like many accident victims, you might be unsure how to proceed with filing a claim.

If you’re asking, “How does a car accident settlement work in Alabama?” this article will give you some general information. A car accident lawyer in Mobile, AL, can provide more detailed guidelines and determine how much your case is worth.

Step 1: Contact a Car Accident Lawyer

Calling a personal injury lawyer is one of the first things you should do after a car accident. An experienced attorney will explain how personal injury settlements work and review your case to see whether you have grounds for a claim. Then, the lawyer will let you know whether they’re prepared to represent your case. 

Your lawyer can also handle communication with insurance adjusters, who may call you after your accident to pressure you into a lowball settlement or trick you into saying something that may undermine your claim. 

Step 2: Investigation and Calculating Damages

Your lawyer will work with you to collect any available evidence of the accident, including the police report, medical documents, witness statements, photos, videos, and your account of the collision. Your attorney may also recommend hiring a professional like an accident reconstructionist to strengthen your case and prove negligent behavior such as distracted driving.

Your lawyer will then calculate your damages, including both losses you already suffered and prospective damages like long-term rehabilitation and lost earning capacity. The latter is especially important after serious or catastrophic injuries that may leave you with a permanent disability. 

Step 3: A Demand Letter and Settlement Negotiations

Once your lawyer has a clear picture of what your damages are worth, they will issue a demand letter to the other motorist’s lawyer or insurance company. This letter will list your injuries and other losses, provide supporting evidence, and request compensation. 

The at-fault driver’s insurer may comply with this settlement demand, reject it, or, as happens more often, make a counteroffer. The other side may try to prove that your damages are lower than you claim or that your injuries stem from a pre-existing condition. This back and forth may take some time while your lawyer works to negotiate a fair settlement. 

Step 4: Deciding Whether To Accept a Settlement or Proceed to a Lawsuit

At this point, you will need to decide whether you accept the offer. It’s important to remember that settlement agreements are binding contracts. Once you sign an agreement, you release the other side of further liability and give up on your right to pursue any additional claims for this accident. 

Accepting the offer would shorten your case settlement time. It’s the quickest way to provide the funds you need to cover your medical and living expenses after an accident. However, you may consider going to court if the other side makes an offer far below your case’s estimated worth.

Your lawyer can help you weigh the pros and cons of accepting a settlement vs. filing a lawsuit. However, the final decision is yours. There’s always some risk involved in a lawsuit since you can’t predict its outcome, but sometimes litigation is the only remaining way to fight for justice.

Step 5: Litigation

The answer to “How does a car accident settlement work?” doesn’t always involve a lawsuit. However, if negotiations don’t work out and you decide to file, your attorney will draft a complaint that explains how the accident happened and what you demand as compensation. 

The next step will be a discovery process, in which you, the defendant, and any witnesses will testify under oath. Both attorneys can use the information found during discovery to prove their arguments.

The other side may make a new, more acceptable offer after discovery. If negotiations are still unsuccessful, you and your lawyer will prepare for trial, which will decide the outcome of your case.

Although car accident cases usually settle before this stage, choosing a lawyer with good courtroom skills is important. You’ll have a better chance of negotiating a reasonable settlement if the other side knows you’re ready to proceed to trial.

What Do Car Accident Settlements Cover?

Your car accident settlement may compensate you for the following:

  • Medical bills (including costs you already covered and prospective expenses)
  • Lost wages
  • Reduced or lost earning capacity
  • Damage to your vehicle
  • Pain and suffering (physical and mental anguish, reduced quality of life)
  • Loss of consortium

If the at-fault motorist’s actions involved gross negligence or recklessness, like driving under the influence in a school zone, the court may also award you punitive damages. 

How Long Do You Have To File a Claim?

Usually, you must file a car accident claim within two years of the accident. Acting more quickly can help your case. 

Even if you suffered a serious injury and the full extent of your damages is unclear initially, you should start working with a lawyer as soon as possible. Quick action will make it easier to secure evidence, contact witnesses, and reconstruct the chain of events that led to the car crash. 

Call Jackson & Foster for Help With Your Car Accident Claim

According to Mobile car accident statistics, most Alabama drivers will end up in a vehicle accident at some point. If this happened to you and now you’re asking, “How does a car accident settlement work?” call Jackson & Foster. Our skilled car accident lawyers will handle all the steps of your claim, work hard to ensure your compensation is as high as possible, and provide unwavering legal support until your case settles.

Call 251-433-6699 or contact us online to schedule a free consultation today.