How to Get a Police Report After a Car Accident -- Adamson Ahdoot

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How to Get a Police Report for a Car Accident in California

January 14, 2021 Alan Ahdoot

When involved in a road incident, knowing how to get a police report for a car accident is crucial for protecting your rights and ensuring you have the necessary documentation for insurance claims and legal proceedings. In California, obtaining a police report involves several steps, each of which plays an important role in the aftermath of an accident. This guide will walk you through the process, explain why obtaining a police report is vital, and provide insights into how it can impact your situation.

Why You Need a Police Report After a Car Accident

A police report serves as an official record of the car accident, documenting key details such as the parties involved, witness statements, and the officer’s assessment of the incident. Obtaining this document is essential for several reasons:

Insurance Claims

Most insurance companies require a police report when processing claims related to a car accident. This report provides a neutral third-party account of the incident, which is crucial in determining liability. Without a police report, you may face challenges getting your claim approved or receiving a lower settlement amount.

Legal Proceedings

If you pursue legal action following the accident or need to defend yourself in court, a police report can serve as critical evidence. The report’s details can corroborate your events, provide context for the judge or jury, and influence the case’s outcome.

Accurate Record Keeping

A police report ensures that all facts about the accident are accurately recorded. This is particularly important when memories of those involved may fade over time or when conflicting accounts arise.

Protection Against False Claims

A police report provides a safeguard against fraudulent activities by documenting the facts as they were observed by the officer at the scene. This can help prevent unjust claims from being made against you.

Do You Need to File a Police Report After an Accident in California?

After any kind of traffic accident in California—even if you only suffered minor bumps and scratches—you have certain obligations regarding reporting the crash.

According to the California Vehicle Code, the driver of any vehicle involved in a car accident that resulted in injuries must make a written report of the crash to the California Highway Patrol or to the police department of the city where the accident occurred within 24 hours. Alternatively, you could call the police after your accident, and they’ll prepare a written report on behalf of the agency. In this situation, you don’t need to make a separate report.

It’s highly recommended to involve the police in any road accident. They assist in managing the traffic, collecting statements from the involved parties and witnesses, and preparing a crucial police report. This report is often a key document in car investigations and insurance claims.

If you’ve been in a California vehicle accident that involved injury, death, or property damage exceeding $1,000, you must also report the accident to the Department of Motor Vehicles within 10 days.

Failure to report a car accident in California can have serious consequences. You may lose the opportunity to claim damages for your vehicle or injuries, and you could face penalties such as fines, loss of driving privileges, or even imprisonment. 

Steps to Obtain a Police Report for a Car Accident in California

Call the Police Immediately After the Accident

The first step in obtaining a police report is to call 911 immediately after the accident. Regardless of the accident’s severity, involving law enforcement ensures the incident is officially documented. Here’s what you should expect:

  • Provide Accurate Information: When the officer arrives, give a clear description of the events leading up to the accident, the positions of the vehicles, and any actions you took to avoid the collision.
  • Witness Information: Point out any witnesses to the officer, as their statements can corroborate your account of the incident.
  • Receive a Report Identification Number: Once the officer has gathered all necessary information, they will provide you with a report identification number, which is critical when you request a copy of the report.

Request a Copy from the Police Department

If you didn’t receive a copy of the police report at the scene or lost it, you can request a copy from the local law enforcement agency that handled the accident. Here’s how:

  • Identify the Correct Agency: Depending on where the accident occurred, you must contact either the California Highway Patrol (CHP) or the local police department.
  • Gather Necessary Details: When you call or visit the police department, you’ll need to provide specific details to retrieve the correct report, including the report identification number, date, time, location of the accident, and the names of the involved parties.
  • Pay the Required Fee: Most law enforcement agencies in California charge a fee for providing a copy of the police report. The cost usually ranges from $10 to $25, depending on the city or county.

Check with Your Insurance Company

In some cases, your insurance company may have already obtained a copy of the police report on your behalf. Here’s how to proceed:

  • Contact Your Insurance Agent: Contact your insurance agent or claims adjuster to inquire whether they have obtained the police report.
  • Verify the Report’s Accuracy: Review the report to ensure all details are correct. Any inaccuracies should be addressed immediately.

Use Online Portals

Many California cities and counties offer online portals where you can request and obtain a police report. Here’s how to do it:

  • Visit the Official Website: First, visit the website of the police department or CHP responsible for handling your accident.
  • Complete the Request Form: Fill out an online form with all the necessary details, including the report identification number, date, time, and accident location.
  • Pay the Fee Online: Online requests usually require a credit card for payment. After completing the payment, you should receive a confirmation email with further instructions.
  • Download the Report: Once the request is processed, you can download the police report directly from the website.

Hire a California Car Accident Attorney

If you’re having difficulty obtaining the police report or your complex case, consider hiring a California car accident defense attorney. An experienced attorney can assist you in navigating the process, ensuring that all necessary documentation is obtained, and representing you in any legal proceedings.

Understanding the Role of the Police in a Car Accident

The role of the police in a car accident extends beyond just filing a report. They play a crucial part in ensuring the safety and fairness of the post-accident process. When officers arrive at the scene, they are responsible for several important tasks:

  • Securing the Scene: One of the responding officers’ first duties is to secure the accident scene to prevent further injuries or damages. They may direct traffic, set up roadblocks, or call for additional emergency services.
  • Investigating the Accident: The police will conduct an initial investigation to determine the cause of the accident. This might involve questioning the drivers, passengers, and witnesses, examining the vehicles for damage, and assessing the road conditions at the time of the accident.
  • Determining Fault: While the police report does not definitively determine legal fault, the officer’s observations and conclusions can heavily influence liability assessment by insurance companies and courts. For instance, if the officer notes that one driver violated traffic laws, this information could be critical in establishing who was at fault.
  • Issuing Citations: If the police determine that traffic laws were violated, they might issue citations to one or more drivers involved in the accident. These citations can also be used as evidence in legal proceedings or insurance claims.

Understanding the police’s role helps you appreciate the importance of their involvement in the aftermath of an accident. Their actions help maintain order and safety and provide essential documentation that can protect your rights and interests.

What Information Is Included in a Police Report?

A car involved in a minor accident with a bicycle on a dirt road, with two people inspecting the damage.
A police report is essential for protecting your rights after a car accident.

A police report for a car accident in California typically includes the following information:

  • Basic Details: Names, contact information, and insurance details of the involved parties.
  • Vehicle Information: Descriptions of the vehicles involved, including make, model, color, and license plate numbers.
  • Accident Details: Date, time, and location of the accident, weather conditions, and a description of how the accident occurred.
  • Witness Statements: Accounts from any witnesses present at the scene.
  • Officer’s Assessment: The responding officer’s analysis of the accident, including potential violations of traffic laws and citations issued.
  • Photographs and Diagrams: Visual evidence such as photos and diagrams of the accident scene.

This comprehensive information is invaluable when filing insurance claims or pursuing legal action. It provides an official record that can substantiate your account of the accident and is a key piece of evidence in any disputes.

How a Police Report Impacts Your Case

  • Insurance Claims: Insurance companies rely heavily on police reports when determining fault and processing claims. The details in the report can influence whether your claim is approved and the compensation you receive.
  • Legal Proceedings: If your case goes to court, a police report can be a pivotal piece of evidence. It provides an unbiased account of the accident, which can support your testimony and help establish liability.
  • Protecting Your Rights: Having a police report protects you from false claims and ensures that all parties involved are held accountable. It is an official record that can be referenced in future disputes, providing peace of mind and legal protection.

Tips for Handling a Car Accident in California

While obtaining a police report is crucial, there are other steps you should take immediately after a car accident to protect your rights and interests:

  • Document the Scene: Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. This visual evidence can complement the police report and support your claim.
  • Exchange Information: Share contact and insurance information with the other party involved in the accident. Collect their driver’s license number, insurance policy number, and vehicle registration information.
  • Seek Medical Attention: Even if you don’t feel injured, getting a medical evaluation is important to rule out any hidden injuries. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent but can have serious long-term consequences.
  • Report to the DMV: In California, you must report the accident to the DMV within 10 days if there are injuries, death, or property damage exceeding $1,000. Failure to report can result in penalties, including suspending your driver’s license.
  • Keep a Record of All Communications: Document all interactions with insurance companies, law enforcement, and other parties involved in the accident’s aftermath. A detailed record will help you stay organized and ensure you have all the necessary information if a dispute arises.

California Car Accident Defense Attorney: Your Advocate After a Collision

Legal challenges can quickly arise after a car accident in California, making it crucial to have a car accident defense attorney by your side. These attorneys are experts in navigating the complexities of California’s traffic laws and can be instrumental in protecting your rights.

An experienced defense attorney can help you by:

  • Challenging Unjust Claims: If you’re being unfairly blamed for an accident, a defense attorney can scrutinize the evidence, such as police reports and witness statements, to build a strong case.
  • Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. A skilled attorney will negotiate on your behalf, ensuring you receive the compensation you deserve.
  • Providing Legal Representation: Should your case go to court, having a knowledgeable attorney represent you can make a significant difference in the outcome. They will advocate for your interests and work to achieve the best possible result.

Hiring a car accident defense attorney provides peace of mind, knowing that a legal professional is handling your case, allowing you to focus on your recovery.

The Importance of Acting Quickly

Obtaining a police report for a car accident in California is not just a procedural step; it’s a critical action that can significantly impact your ability to secure compensation and protect your legal rights. Acting quickly and following the steps outlined in this guide will ensure you have the necessary documentation to support your claims and navigate the accident’s aftermath smoothly.

At Adamson Ahdoot, you can trust that your case will be handled by some of California’s best motor vehicle accident lawyers. Our firm combines a boutique firm’s personal attention with a larger practice’s extensive resources. We are committed to putting people first and proudly serving a diverse clientele with their car accident cases. Our free consultations are available in both English and Spanish.

With over 100 years of combined legal experience, we provide aggressive advocacy and unwavering support to our clients. Contact us today at (800) 310-1606 to schedule your free consultation with a premier injury attorney.

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