Before you start reading this article, it is important to understand that calling the police is not always required, and making certain statements to the police may result in civil or even criminal liability. This article is not legal advice, and you should always consult an car accident attorney about the specifics of your matter. In California, you are not required to make statements to a police officer after an accident; however, the officer may request your driver's license, insurance, and registration. That being said, let's jump to our article.

Getting into a car accident is a stressful experience, but knowing how to file a police report correctly may help protect your rights and simplify the insurance claim process. This guide walks you through everything you need to know about submitting a police report following a car accident, what to say (and what not to say), and what to do should the report contain mistakes.

1.      Should you Call the Police?

California law requires you to stop after an accident. If you don't stop, you may be convicted of a “hit and run.” It is also the right thing to do because someone could be injured and require assistance. You can call 9-1-1 to report the collision to the police or California Highway Patrol (CHP).

If everyone is safe and does not require immediate medical attention, you should call the police after an accident even if it seems minor. Some states may legally mandate reporting of accidents causing injury, death, or major property damage. In California, you should call the police after a vehicle collision if you are involved in an accident that results in injuries, property damage over $1,000, or if someone dies. You should also call 911 if someone is hurt or the accident is serious, such as if an unlicensed driver is involved.  Some insurance policies (e.g., uninsured or underinsured motorist policies) may require reporting the accident to the police.

Calling the police may assist by creating a formal report, documenting the incident and cause, which can be helpful when seeking legal representation or making an insurance claim. The California Department of Motor Vehicles site offers additional information about what to do after an accident that covers topics beyond the subject of this article. That page can be found by clicking California DMV. 

Why is it important?
Immediately submitting a police report helps to create an official accident record. In complex cases when the opposing party disputes the facts, this report may be critical for determining liability and settling insurance claims.

2.      Filing a Police Report After an Accident

The process of submitting a police report is usually straightforward. The responding officer will question drivers, passengers, and witnesses to gather information. They may photograph, record any visible damage, and document the accident scene.

Step-by-Step Process:

1. Provide Personal Information: Share your driver's license, registration, and insurance details with the police officer.
2. Describe the Accident: Give a factual account of how the accident occurred, focusing on the facts rather than opinions or assumptions.
3. Request a Report Number: Before leaving the scene, ask for the police report number, which you'll need to obtain a copy later.

What's included in the report?

The police report will include the time, date, and location of the collision, as well as descriptions of the vehicles involved, and any charges issued. This document is necessary for insurance claims and judicial proceedings.

Review Your Police Report

Once the police report is released, it is critical to check it for accuracy. Any inconsistencies or inaccuracies in the report may jeopardize your insurance claim or legal case.

Key Points to Check:

• Personal Information: Ensure that all personal details, such as names, addresses, and insurance information, are correct.
• Accident Description: Verify that the accident report appropriately depicts the incident.
• Witness Statements: Review witness testimonies to verify they accurately reflect events.

Correct Inaccuracies:
If you discover any inaccuracies, notify the police department immediately and seek a correction. In some situations, you may need to offer extra evidence to back up your request.

What the Police Will Ask After Car Accident?

The investigating officer will ask you several questions at the scene of the accident to obtain information. They may inquire about the events leading up to the accident, your speed, the weather, and whether you noticed anything strange before the crash.

Key Questions to Expect:

• What happened?
• Were you speeding?
• Did you see the other vehicle before the impact?
• Were you distracted by anything?

Important to Remember:
Answer truthfully while sticking to the facts. Avoid speculating or admitting responsibility, as these words may be used against you later.

What if the Police Report Contains Errors?

It is not uncommon for police reports to have inaccuracies, such as a misspelled name, incorrect vehicle information, or an inaccurate description of the collision.

How to Correct Errors:

1. Contact the Police Department: Contact the department that issued the report and request a correction.
2. Provide Supporting Evidence: If you have evidence (e.g., photos, witness statements) that contradicts the report, submit it to support your request for a correction.

Note:
Some errors, such as factual inaccuracies, are easier to remedy than others, including the officer's subjective opinions.

What to Say and Not Say to Police After a Car Accident

It's natural to be shaken following a car accident, but you should be cautious about what you say to the police. Your statements may have legal and insurance implications.

What to Say:

• Provide basic information, such as name, contact information, and insurance details.
• When speaking with authorities after an automobile accident, avoid admitting fault or speculating about what happened. Stick to the facts. This entails explaining your version of events clearly and calmly, without guessing or presuming anything. Share the details of what occurred, such as the time, place, and direction you were driving.

Share vital information, such as road conditions, traffic lights, and other drivers' behavior.

What Not to Say:

• Speculative Statements: Avoid using ambiguous phrases like "I think…" or "Maybe I was…" If you are hesitant about anything, you can say, "I'm not sure."
• Admissions of Fault: Never admit fault or apologize, as this can be interpreted as an admission of guilt.

Takeaway:
Remember, statements against your interest (e.g., I was speeding; I was not paying attention; etc.) will likely have legal consequences (criminal and civil). You are not required to make statements to the police. If you decide to make a statement, stick to the facts. If an officer asks if you were speeding and you remember driving at the speed limit, then answer "I was driving at the posted speed limit," rather than "I might have been going a bit too fast."

Tips for How to Talk to the Police After a Car Accident

When speaking with the police following an accident, it is critical to stay cool and cooperative. Give clear, succinct replies to their inquiries and avoid becoming angry or combative.

• Stay Calm: Take deep breaths before conversing with the police.
• Think Before you Speak: When asked a question, give yourself time to process the question. Wait at least 5 seconds after the question is asked, but it is alright to take as long as you need. If you don't know, don't guess.
• Be Honest: Provide accurate information without embellishments.
• Ask for Clarification: Ask the officer to clarify if you don't understand a question.

Remember:
In California, you are not required to speak to a police officer about anything at the scene of an accident other than responding to requests for driver's license, insurance, and registration, which are legally required to have to drive a vehicle on the road in California. We've had many people report that they felt disoriented and confused after an accident and no one should compel you to speak after a traumatic accident. Addressing your health and safety is the top priority and should be able to respond, I would prefer not to make any statements at this time.

Legal Requirements for Reporting a Car Accident

In the United States, the legal requirements for reporting a car accident to the police and/or DMV will vary by state, but you must generally report incidents that result in injury, death, or major property damage. For California, you must report accidents involving injury, death, or property damage over $1,000 to the DMV.

How to Get a Police Report for a Car Accident

A copy of the police record for your car accident is NOT required for making an insurance claim or taking legal action, but it may be helpful.

Steps to Obtain a Police Report:

1. Contact the Police Department: Call the department where the report was filed and provide the report number.
2. Visit the Department's Website: It is possible that some departments offer online access to accident reports. You may want to research this online.
3. Request in Person: Some departments may allow you to visit the police station to request a copy in person.

Fees:
There may be a small fee for obtaining the report, typically ranging from $15 to $20.

What Should I Do if I'm Involved in a Minor Car Accident with No Significant Damage and No Injuries?

If you are involved in a minor vehicle accident with no serious damage or injuries, you may wonder if you should file a police report. In California, you are still required to report it to the DMV within 10 days if there is more than $1,000 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed.

Best Practice: If you are not at fault for an accident, you may want to file a report to create a record of the accident and ensure you get the adverse driver's insurance, driver's license, and vehicle information. This creates an official record of the incident, which might be useful if there are any future disagreements. It may also help if there are no other witnesses and it is word-against-word.

If You Decide Not to File: Document the collision by taking photos, exchanging information with the other motorist, and writing down your version of events.

What if a Police Report Was Not Filed?

If a police report wasn't filed after your accident, don't worry—it doesn't mean you can't make an injury claim. While a police report may help in certain instances, they are not required for a personal injury claim. According to NHTSA report In 2019, over 6 million police-reported traffic crashes occurred in the United States, but many more minor accidents likely went unreported.

Steps to Take:

1. Visit the Police Department: Go to the nearest police station and provide them with all the details of the accident.
2. You should file an accident report (an SR-1 in California) with the Department of Motor Vehicles (DMV) in some instances.
3. In California, if the accident resulted in injuries or over $1,000 in damage, you must file a report with the DMV within 10 days.

Impact on Insurance Claims:
Without a police report, filing an insurance claim may be more difficult, but it is not impossible.

Can Police Take Your Phone After an Accident?

The police are not permitted to search your phone without a warrant. However, there are some instances where the police can search your phone if a crime was committed, and it is taken from a person after an arrest. However, law enforcement authorities typically require a warrant to examine or confiscate your phone, as it is protected by the Fourth Amendment.

Takeaways:

• With Consent: The police can search your phone if you give them permission.
• Without Consent: They generally need a warrant to search your phone unless probable cause exists that a crime was committed, or after an arrest.

Can Police Search Your Car After an Accident?

Under specific circumstances, police officers have the authority to search your vehicle after an accident. Just like searching your phone, the Fourth Amendment applies and officers generally requires consent, probable cause, or a warrant.

When Can Police Search Your Car Without a Warrant?

After an accident, police can search your car without a warrant if they have probable grounds to believe that there is something illegal inside. Probable cause means they have a reasonable suspicion that your vehicle includes evidence of a crime or illicit substance, such as drugs, firearms, or stolen goods.

In many circumstances, police officers may perform a search based on exigent circumstances. They do not need a warrant in these circumstances, and you are not required to give your consent. Here's a basic overview of when police can check your car after an accident without your permission:

Condition	Can Police Search?
Probable cause (e.g., drugs)	Yes
Exigent circumstances	Yes
Search incident to arrest	Yes
Owner's consent	Yes (if you agree)

What If the Police Ask for Consent to Search?

If law enforcement officers ask for your permission to search your automobile after an accident, you have the right to decline. However, denying a search may cause suspicion, and the police may choose to get a warrant or depend on probable cause.

In the United States, the Fourth Amendment protects citizens from unlawful searches and seizures. However, exceptions such as those described above (probable cause, public safety, and so forth) are legally recognized.

When Can They Search?

• With Probable Cause: If the officer has reason to believe there's evidence of a crime in your car, they can conduct a search without your consent.
• Search Incident to Arrest: If you're arrested, the police can search your vehicle as part of the arrest process.
• Plain View Doctrine: If illegal items are in plain sight, they can be seized without a warrant.

Your Rights:
You can decline a search if the police do not have probable cause or a warrant, but this may result in additional questioning or the officer seeking a warrant.

Need Help After an Auto Accident?

Don't face this difficult time alone. Contact Fassonaki Law Firm, P.C. today to schedule a consultation and take the first step towards getting the justice and compensation you deserve. Your recovery is our priority. We specialize in helping those injured in an accident, through no fault of their own, secure the compensation they deserve. Our team understands the complexities of personal injury law and will guide you through every step of the process, ensuring your rights are protected.