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No police report after a car accident

Beverly Law
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You can still make an insurance claim and a legal claim without a police report. The report is helpful evidence, but photos, witness statements, medical records and the other driver’s information can prove what happened. In California, you must still file a DMV SR-1 within 10 days if the crash caused injury or more than $1,000 in damage. In many places you can also ask the local police or CHP to take a report after the fact.

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Why there may be no report

Police in busy areas often do not come out to crashes with no injuries and cars that can still drive. Sometimes drivers exchange information and leave without calling anyone. Sometimes an officer comes but only hands out a case number. None of this ends your claim. It just means you need to gather the evidence a report would have collected, and do it soon.

If you were hurt and no officer came, call the police department or CHP office that covers the location and ask whether you can still file a report. Bring your photos and the other driver’s information. Write down your own account early, while memories are fresh. Notes made the same day are much more convincing than details remembered weeks later.

The DMV SR-1 is still required

The DMV report is a driver’s duty, separate from the police. Each driver in a California crash causing injury or death, or more than $1,000 in property damage, must file form SR-1 within 10 days, whether or not they were at fault (Vehicle Code 16000(a)). Keep a copy of the form and the date you sent it, and give a copy to your lawyer.

If police did take a report, you can request a copy. The agency must release it to people with a proper interest, such as drivers and injured people, and can charge only its actual cost (Vehicle Code 20012). See how to get a police report in California for the steps and what to bring.

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Proving fault without a report

A police report often contains an officer’s opinion about fault, formed after the fact. Your own evidence can carry just as much weight. Photos of where the cars ended up, the damage, traffic signals and skid marks tell the story. Witness names and phone numbers are valuable. Nearby businesses and homes may have cameras, but footage is often erased within days, so ask quickly.

California uses pure comparative fault, so even if the other insurer says you share blame, your recovery is reduced by your share and not wiped out (Li v. Yellow Cab Co.). For common crash types, read who is at fault in a rear-end crash and who is at fault in a left-turn crash.

Hit and run: the report is required

If the other driver fled, the police report becomes much more important. For an uninsured motorist claim based on a hit-and-run, the crash must be reported within 24 hours to the city police department, or in unincorporated areas to the county sheriff or local CHP office (Insurance Code 11580.2). You must also give your insurer a sworn statement within 30 days.

The hit-and-run vehicle must also have made physical contact with you or your car. If you missed the 24-hour report, talk to a lawyer right away about what can still be done, and do not assume the claim is lost until someone has looked at the facts. Read more about hit and run in California.

What to do now

Write a short account of the crash today: time, place, weather, directions of travel and what each driver said. Save photos and get witness contacts. See a doctor if anything hurts and keep the records. Report the crash to your insurer and file the SR-1 if it applies. Ask nearby businesses about cameras before the footage is gone.

Do not give a recorded statement or sign a release with the other driver’s insurer before you talk to a lawyer. Deadline: an injury lawsuit in California generally must be filed within two years (Code of Civil Procedure 335.1). Call Beverly Law at (310) 552-6959 or use the form on this page, and we can help you build the record a report would have provided.

  • Get medical care and follow up if symptoms change.
  • Take photos of the vehicles, the scene and your injuries.
  • Write down witness names and phone numbers.
  • Keep every claim number and adjuster name in one place.
  • Do not sign a release or give a recorded statement before talking to a lawyer.
  • Save receipts for medical care, medicine, rides and car rentals.

Common questions

Can I file a claim without a police report?

Yes. Insurance companies handle claims without a police report every day. You will need other proof: photos, the other driver’s information, witness contacts and medical records. Without a report, the adjuster may argue more about fault, so gather your evidence early and keep it organized in one place.

Can I file a police report days after an accident?

Often yes. Call the police department or CHP office that covers where the crash happened and ask how they take late reports. Bring your photos and the other driver’s information. For a hit-and-run uninsured motorist claim, though, California requires a report within 24 hours.

What if the other driver changes their story?

This is why witness names and photos matter. If the other driver admitted fault at the scene, write down exactly what they said and when. Texts or messages from them can help too. A lawyer can also look for video from nearby cameras before it is erased.

Who files the DMV SR-1 if there was no police report?

You do. The SR-1 is each driver’s own report to the DMV. In California it is required within 10 days when the crash caused injury, death or more than $1,000 in property damage, whether or not you were at fault. Keep a copy for your records.

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Related pages

Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions

Sources

  1. Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
  2. Cal. Veh. Code § 20012
  3. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
  4. Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
  5. Cal. Code Civ. Proc. § 335.1

Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.

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