Learn when you need to file a police report after a Minnesota car accident and how this documentation can support your personal injury claim.
Summary
- While Minnesota law does not always require filing a police report for minor car accidents, having one can significantly improve your chances of a successful insurance claim.
- Without a police report, you risk dealing with the other driver providing false information. Insurance companies may hesitate to process your claim or require more evidence.
- A police report provides an unbiased account of the auto accident, which is critical in insurance claims and legal proceedings.
- Collecting additional evidence like photos, videos, and witness statements is crucial if no police report is filed.
- Hiring a car accident attorney is vital when dealing with insurance issues, especially if you didn’t file a police report.
So, you’ve been in an automobile accident, but you don’t want to deal with calling the police. This is a common scenario that Minnesota drivers encounter.
Another vehicle might have hit yours after sliding on some black ice, or another car might have rear-ended yours and caused some minor damage. You know it’s going to cost some money, but can you still file an insurance claim without being able to produce a police report?
The short answer is that while it might be a hassle to call the police, the more proof you have, the better the chances your insurers—or the insurer of the at-fault driver, will pay your claim.
You might have reached an understanding at the time of the accident. You obtained the other driver’s contact and insurance information and went on with your day. But things can happen, and they could jeopardize your ability to obtain compensation.
The Minnesota car accident attorneys with Sand Law can help if you’ve been involved in a minor accident. If you’re having problems with an insurance company, we know exactly how to get results. Call us at 651-291-7263 or use our online contact form to get in touch.
Do You Need to Call the Police After a Car Accident?
Minnesota state law does not require people involved in automobile wrecks to always file a police report. If there were no injuries or fatalities, or the property damage doesn’t appear to be more than $1,000, then no report will be needed. In crashes with serious injuries or fatalities, drivers should definitely contact law enforcement and a personal injury or wrongful death attorney.
What if You Don’t Call the Police?
But just because you might not have to file a car accident police report by law, that doesn’t mean you shouldn’t – it will actually be a good idea to call law enforcement.
While we would all hope that the other driver would give truthful information, the unfortunate truth is that it doesn’t always work out that way. That driver could give you a fake name or phone number or could give you a bogus insurance card. They might not return your calls or texts. Even if you see their driver’s license, that could be fake.
There’s also a chance that your insurance company – or the at-fault driver’s insurer – might require that a car accident police report be filled out before it will even start the liability claims process. Also, the at-fault driver might seem nice and honest at the scene of the accident, only to change their story after the fact.
Filing an Accident Report Yourself After a Minnesota Car Crash
If there’s no car accident police report, it will be your responsibility to notify your insurance company about the accident. What if your insurer, or the other driver’s insurer, questions your account of what happened? What kind of evidence will you be able to present to prove the wreck wasn’t your fault?
You could also run into a situation where the other driver gets back home, takes a closer look at their car, and realizes there was much more damage than originally thought. That seemingly nice person might wind up being anything but.
They could actually try to sue you, claiming that you were to blame for the accident and you should have to pay for the damage. Without a police report, there’s every possibility you won’t have a leg to stand on should the matter go to court.
Can You File an Insurance Claim Without a Police Report?
As you learned earlier, sometimes “no” is the answer to that question. Some insurance companies will refuse to start a claim if there’s no police report. Even if your insurer doesn’t have that requirement, not having a report could cause major problems.
Minnesota is what is known as a “modified comparative negligence” state. This basically means that you may have to share responsibility under Minnesota’s negligence statutes. Any amount you would be rewarded will be reduced according to your share of the blame.
If, for example, your damage losses are $1,000. The amount isn’t larger than that, so you didn’t need to file a police report. If you are found to have been 20% to blame for the accident, then your potential compensation will be reduced by 20%, or $200. Instead of getting $1,000, you’d only get $800.
But what if you’re found to be 50% responsible, or even 100%? You could conceivably wind up with nothing. If the other driver’s damage came to $1,000, it’s possible you could actually end up owing money.
All this could have been avoided if you had called the police. The car accident police report could show that you weren’t to blame, so you could obtain the compensation you deserve.
Collecting Evidence to Back Up Your Car Accident Claim
Of course, there’s every chance that the other driver in the accident is actually an honest person, and will completely accept blame. However, that likely won’t be the case. So it will be on you to provide the proof you need to show that the wreck wasn’t your fault. You have a number of options when it comes to submitting evidence in a personal injury claim.
Taking photos and videos of the accident will help prove your case, as will getting on-the-record statements of any witnesses who might have seen what happened. But the police report will be an invaluable tool, one that could potentially sway the case to your favor.
The Benefits of a Police Accident Report in Minnesota
After being involved in a car accident in Minnesota, one of the most crucial steps is to call law enforcement and obtain a police report. This document serves as an official record of the incident and can significantly impact the resolution of insurance claims and legal proceedings.
Understanding the advantages of having a police accident report can help ensure you are better prepared in the aftermath of a collision.
Provides an Unbiased Account of the Accident
When law enforcement officers arrive at the scene, they collect information from all parties involved and document their observations. This third-party perspective is invaluable as it offers an objective view of the accident, which can help clarify the sequence of events.
The detailed account provided by the police report can prevent disputes and misunderstandings between the involved parties and their insurance companies.
Facilitates Insurance Claims
One of the primary reasons to obtain a police report is its role in the insurance claims process. Insurance companies rely heavily on these reports to determine fault and assess damages.
A comprehensive account from law enforcement can expedite the claims process, ensuring that you receive any compensation owed to you more swiftly. The detailed documentation can also help protect you from false claims made by other parties involved in the accident.
Essential for Legal Proceedings
In cases where a car accident leads to legal action, a police report becomes a critical piece of evidence, especially in situations like hit-and-runs. It provides a reliable account that can support your case in court, whether you’re pursuing compensation for damages or defending yourself against allegations.
The report includes details such as road circumstances, weather conditions, and witness statements, all of which can contribute to a more robust legal standing.
Aids in Memory Recall
Car accidents can be stressful and disorienting, making it difficult to accurately recall details of the event over time. A police report helps preserve these details, serving as a reference point for both immediate and future needs.
By capturing statements and observations shortly after the incident, the report helps ensure the accuracy of the facts, which is particularly useful if you need to recount the accident later on.
Enhances Road Safety Awareness
When police officers respond to accidents, they assess contributing factors such as road conditions, driver behavior, and vehicle performance. This information is not only useful for the individuals involved but also contributes to broader road safety initiatives.
Analyzing trends and common causes of accidents helps law enforcement agencies and policymakers implement measures to improve traffic safety and reduce the likelihood of future incidents.
Other Reasons an Insurance Company Might Deny Your Claim
About 3 million people suffer injuries in US car wrecks per year, according to the CDC. When someone suffers an injury in an auto accident and learns the insurance company is refusing to pay, panic understandably sets in. Why would an insurer do this? These are a few of the more common reasons.
Policy Exclusions
The insurer may argue the policy doesn’t cover “acts of God.” They could say the accident occurred due to a thunderstorm that made the road slick or a blizzard dramatically reduced visibility. The insurer may deny the claim because the weather caused the wreck, not the negligence of the other driver. These types of car accidents can be hard to avoid, leaving injured Minnesota drivers in tough spot.
Claim Errors
You must make sure your insurance claim is accurate and complete. The insurer can deny the claim if there are any missing documents, inaccuracies, or any other discrepancies. Errors are among the most common reasons insurers deny claims.
Disputes Over Blame
An insurance claim will often involve determining who caused an accident. You believe the other driver was at fault, but the insurer disagrees. The insurance company will refuse to provide compensation unless you have solid evidence to back your argument. This is one of the many reasons you must hire an attorney as soon as possible.
Failing to Seek Immediate Medical Help
Insurers often use this tactic against claimants after a car accident. If you did not see a doctor right after the wreck, the insurance company may use that against you. They could say your injury is not severe or that you suffered that injury for some other reason. Getting medical help doesn’t just help your health. It also creates a record of the treatment you need.
Hire Sand Law as Your Car Accident Attorney
The most important thing you can do is hire a skilled attorney, especially if you haven’t filed a police report. Failing to do so is a common car accident claim mistake. This will especially be true if you’re having problems with your insurance company.
Without a police report or an attorney, your insurance company will very likely take advantage of you. It could try to get you to agree to an unfair settlement or simply deny your claim outright. Take those risks out of the equation by talking to an attorney with Sand Law.
We know how to gather the evidence needed to prove a case. And we also know how to deal with problem insurance companies. We’ll make sure your rights are protected at every turn. If you would like to learn more or get a free consultation, contact us online or give us a call at 651-291-7263.
Frequently Asked Questions
What steps should I take immediately following a car accident?
The first thing will be to get to safety immediately. If you can, move your car off the road. Check to see if you or anyone else is hurt, then call 911 to get medical help and summon the police. Get medical attention and then contact a St. Paul car accident lawyer so they can investigate and gather evidence.
Do I need to hire a car accident lawyer?
You’ll need legal representation if you suffered an injury. An experienced attorney will know how to collect critical evidence and negotiate with insurers to build a personal injury case. If you don’t hire a lawyer, you’ll have no chance of obtaining the compensation you deserve. Accident victims who represent themselves often have to pay out of pocket for their accident-related expenses.
How much compensation can I recover for my damages?
You could obtain a substantial amount of money to offset your car accident damages. However, that amount will depend on several factors. These include the severity of your injury, your lost wages, property damage, etc. A skilled lawyer will work to ensure you obtain maximum compensation for your suffering by holding accountable those responsible for the accident.
What is the statute of limitations for filing a personal injury claim in Minnesota?
In Minnesota, the statute of limitations for filing a car accident claim is generally six years from the date of the injury. This timeframe applies to most cases involving negligence or intentional harm.
However, there are exceptions, such as cases involving minors or individuals with mental incapacities, where the deadline might be extended. It’s crucial to act promptly and consult with a lawyer to ensure compliance with these timelines and protect your rights.