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Can you File a Claim for damages and injuries without a Police Report​?

Can I file a car accident Claim in Florida without a police report?

If you have come across this blog, you probably got into a minor fender bender, didn’t feel any significant aches or pains, so you exchanged information and continued on your way. What didn’t happen was calling the police and obtaining a police report. Weeks or months have probably passed, and you noticed your body developing pain. This could be pain from your minor accident. But wait, you don’t have a police report indicating the at-fault driver or documenting the details of the accident.

So what happens next? Can I file a car accident claim in Florida for damages without having a police report?

You can most definitely file an accident claim with our top personal injury attorneys at Advocates USA. Your insurance company can not deny your claim just because you are missing a police report. However, if you lack this prominent piece of evidence, it could come down to a “he said, she said” argument. A police report provides a third-party objective that assigns fault.

If you are a victim of a minor accident, and even if the law doesn’t legally require you to have a police report, you should consider having one completed. If your injuries or physical damage deems necessary, you can file a car accident claim for financial recovery. A police report serves as evidence and can only provide support to your claim. Continue reading to see how we can help you, or call us today at 1-800-872-4878 for a free evaluation. 

How do I prove the at-fault driver without a police report?

Since Florida is a no-fault state, you must first go through your PIP insurance for financial compensation for injuries or damages regardless of who is responsible for the accident. While a police report is not necessary if your accident was minor, having one will help your claim.

If you need to file a lawsuit for compensation after depleting your PIP policy, hiring a personal injury attorney would be in your best interest. Without a police report, you will need to conduct your investigation to prove your case. A police report uses the observations of the police officer. Our team at Advocates USA uses our resources to build evidence by:

  • Speaking with witnesses
  • Obtaining repair costs to your vehicle
  • Medical bills for injuries associated with your car accident
  • Work with expert witnesses
  • Taking photos
  • Evaluating existing photos

By using an experienced attorney, you can get the essential evidence needed to present to a jury or insurance company so they can make the proper decision about your case.

How do I know if the police need to be called after an accident?

Depending on the circumstances of the accident, Florida Law may require a police report. 

There are circumstances where a police report is required and must be filed within ten days of the car accident. A good indication to know if you legally need a police report is if you or the other driver cannot drive away in the car or if one of the vehicles needs to be towed away or someone is injured and is brought to the hospital by ambulance. Other situations where a police report is mandatory is if:

  • There is more than $500 in damages
  • Your accident blocked traffic
  • The accident resulted in injuries or death
  • Influence of alcohol or drugs.

If you have been involved in an accident, it is in your best interest to contact Advocates USA so we can advise you of your rights and other circumstances that may require you to file a police report. Even if Florida law does not permit a police report, it is always best to have the accident documented. You never know when you will need the formal report indicating the liable party based on the professional analysis from the police officer. Call us today for a free evaluation at 1-800-872-4878.

Let our Florida car accident attorneys at Advocates USA help you!

If you were involved in a minor accident and the police didn’t arrive on the scene, you will not have a police report. However, if you suffer from injuries or your vehicle is damaged, you will need to file a car accident claim. Having evidence that proves the other driver is liable is your best chance at an outcome in your favor. Our Florida accident attorneys can help establish that the other driver’s negligent actions caused the accident and your injuries, even if you did not file a police report.

Call us today for a free evaluation at 1-800-872-4878.  We are available seven days a week, 24 hours a day throughout the state of Florida. We are the attorneys for the people and will help get you the maximum compensation for your injuries.


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Scarlett Estevez

I was referred to this office by a friend of mine who had her case handle by attorney, Marcos Gonzalez. I was very pleased with Mr. Gonzalez and his staff. Everyone is very nice and I got a great outcome on my settlement. I Would recommend this firm to anyone looking for a PI or Workers’ compensation attorney. Thank you guys! Keep up the good work. Scarlett Estevez

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Excellent friendly office!!! Had an amazing experience everyone was super helpful and they worked their tails off to get me max dollar for my case .. Marcos Gonzalez amazing person hire him you won’t regret it !!!!

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