Should I file a police report for an accident that occurred 5 days ago, I don't have insurance but the at fault driver does

Asked over 5 years ago - Cincinnati, OH

i was involved in a car accident 5 days ago. the car was parked in the street I wasn't in it. A car slid into the side of mine. i don't have insurance. the other person does. She has State Farm. We live in Cincinnati, OH. We have not filed a police report. Is her insurance company obligated to pay for the damages even though i am not insured and we don't have a police report? Would i need to get a police report first? She has admitted fault and so far she has been very cooperative. How long do we have to file a police report if need be? What should i do?

Attorney answers (3)

  1. Eugene Ray Critchett

    Contributor Level 11

    Answered . The at-fault-driver is still responsible for the damage to your even whether or not a police report is filed. However, it is advisable to go forward and file your own report and obtain photographs of your vehicle (even if State Farm has taken pictures). Go and obtain insurance and then file the report. You need to have insurance on your car even if you are not driving it.

    Report the accident to State Farm and explain what happened. If they ask you for a recorded statement, you do not have to give one--you can, but I typically recommend politely telling them no and offering to explain what happed without a recording. Then, call several body shops of your choice to evaluate the damage to the vehicle. Good luck.

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . In this type of situation it is always preferable to file a police report about the incident. It may also be advisable to take photographs of the damage.

    As you are dealing with an insurance company known to be rather hard-nosed, it may be advisable for you to obtain your own independent estimate of the damages to your vehicle. Be wary of attempts to use aftermarket replacement parts which do not come from the manufacturer of your vehicle. If you have difficulties dealing with any carrier, you may wish to file a complaint with your state's Insurance Commissioner's Office.

  3. Jeena R. Belil

    Contributor Level 13

    Answered . Please note that I am only licensed in the State of New York and this is for general information purposes only.

    The absence of a police report does not necessarily mean that you do not have a viable case against the owner/driver of the offending vehicle, however, it is highly recommended that you file one as soon as possible with the precinct in which the accident occurred.

    The driver should have already put State Farm on notice of the accident, but it is advisable that you contact the insurer as well to give them basic facts of the accident and the damage to your vehicle.

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