Yes. In Colorado, you can make a car insurance claim without a police report. A report still helps, because it records what a neutral officer observed and can help establish fault. Whether you have to report the crash to police is a separate question from whether you can file a claim.
Can I Make a Car Insurance Claim Without a Police Report?
The short answer is no. You are not required to file a police report to proceed with an insurance claim. It is important to have a police report, however, as it helps to establish fault through the eyes of a neutral third party and cover details in the report that you may have missed by just gathering information on your own.
You will be required to collect more information regarding your crash than you had if you had filed a police report. For example, a police report requires both parties to share their driver’s license information, address, and other contact information. If you don’t file a police report, you must gather this information and verify that it is correct. Oftentimes an individual who does not have insurance will give you a fake insurance card and you will have no way to verify it if the police do not arrive at the scene.
Why a Police Report Still Helps
Calling the police to report the crash is important for several reasons. A police report helps in many ways: having a neutral third-party assess the crash and make observations. What are the roadway conditions during the crash? Did the weather play a factor? What was traffic like leading up to the crash? Police officers can also help facilitate medical care or assess damages and note their findings within their report.
Speak with the responding police officer to ensure that your account of what happened is recorded, not just the other people at the scene. Having the police at the scene ensures all versions of what happened are properly documented. Even if someone admits fault at the scene, they may change their story later (which happens more than you would think). Having a police officer at the scene who documents the events makes it more difficult for a person to change their description of events at a later date.
Another reason to ensure you have a police report is if you file a suit against the other party, there may be scrutiny of your decision to avoid the police report. It may affect the validity of your case, depending on how you can overcome questions about why you chose to forego a police report. You can also seek evidence and testimony during trial from the responding officer if you file a police report, and you would be without this added evidence without one.
While you don’t need to file a police report to proceed with an insurance claim, having a report helps you and your attorneys pursue fair compensation for your injuries. As discussed above, there are several reasons why it is important to have a police report to pursue damages. If you have a police report, your responsibility to gather information is lessened, as most of the information is provided in the police report.
Even if you call the police and they tell you that it will be a long time before they arrive, be patient and wait. It may save you headaches in the long run.
Evidence to Gather if There Is No Police Report
Take pictures or videos of the scene. This evidence should include pictures or video of the scene, the cars involved, and the damages.
While still on the scene, it is essential to reach out to others who may have witnessed the crash and can give their account of what led up to the crash. Get their contact information so you can reach out later if you need to. Even if the police arrive at the scene and talk to witnesses, they do not always get the witness’ contact information, so it is important that you obtain this information yourself.
Exchange insurance information with the other driver and see if you can get a picture of their license plate while you get images of the cars involved in case they falsify their information.
Fault can be established in many ways. Through reviews of the pictures or videos from the scene, eyewitness statements, vehicle damages, information on the police report, crash recreation, and more. It is imperative to have as much information as possible to ensure that you are not mistakenly found at fault for the crash occurring and responsible for the damages.
What to Do at the Crash Scene
Call emergency services if anyone is hurt, move out of the way if you can do so safely, and document the scene before the vehicles are moved. For the full list, see What to Do After a Car Crash in Colorado: 9 Steps.
Fault and Damages in Brief
Colorado operates as a “fault state,” which means the person found at fault for causing the crash is responsible for covering the damages. Colorado also follows a modified comparative negligence rule, so your compensation can be reduced by your share of fault. Learn more in How Is Fault Determined After a Colorado Car Crash?
Damages can include medical expenses, prescribed follow-up treatment, lost wages and vehicle repairs. Non-economic damages may also be recovered, including pain and suffering, emotional distress and loss of enjoyment of life. Keep detailed records of all costs and the time you missed from work.
Related Reading
- How to Get a Car Crash Police Report in Denver
- What to Do After a Car Crash in Colorado: 9 Steps
- How Is Fault Determined After a Colorado Car Crash?
Talk to Greer Law After a Crash
With years of experience in helping clients pursue damages after a crash, we are confident that we can also assist you. From helping you gather evidence, negotiating with insurance companies or other relevant parties after the crash, and representing you in court, we are prepared to be your fierce advocate and ensure you are compensated accordingly for the damages incurred.
Call our office at 303-331-6460 for a confidential consultation and to discuss your options.
