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When you are in a car accident do you really need to get a police report ?

Chicago, IL |

I was in a car accident and I was rear ended ,I didn't call the police because the woman who hit was nice and told me to call her insurance company, no injuries but there are damages to my car ,not sure what to do at this point? the car is barely drivable ,do I need a lawyer even though i wasn't injured ? should I fix the car on my own and give the bill to her insurance company or wait ?please help

Attorney Answers 16

Posted

You need to file a police report and make a claim with your insurance carrier. The lady who hit you might be really nice but that will not get you the relief you need.

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2 comments

Asker

Posted

How to file a police report after one week ? my insurance company wasn't cooperated and told me to call the other insurance company myself

Judy A. Goldstein

Judy A. Goldstein

Posted

Go to the police department and file the report,. Then insist your insurance carrier take your claim,. That is why you pay for insurance. If you don't get anywhere, then hire a lawyer to help you.

Posted

Turn it over to your insurance company.

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Posted

You need to make a police report, especially when there is substantial damage. You don't usually need a lawyer for a non-injury case and most lawyers don't handle property only matters unless the vehicle is very valuable.

Report the incident to your carrier, they will resolve the dispute with the other driver's carrier. If you don't have collision coverage, you will be left negotiating with her carrier on your own.

Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

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2 comments

Asker

Posted

Can I go now to the police station after one week and tell them about it and get a report ?its a brand new Camry ,I did call my insurance company and they told me to call her company myself!

Eric P. Pitsch

Eric P. Pitsch

Posted

Yep

Posted

I agree with everything that the other lawyers said to answer this question. I always advise people to call the police and ask that a police report be filed.

Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Jon Groth's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.

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1 comment

Eric P. Pitsch

Eric P. Pitsch

Posted

I agree with counsel's response.

Posted

Auto accidents are negligence. If the nice lady who hit your car was really nice would she have hit your car to the point of rendering it barely driveable or discouraged you from calling the police, which would have generated official documentation of the accident. File your own operators report. Call your own insurance agent and pursue a claim to your own insurance company for full payment of the collision damages. Your company can subrogate against her company. [removed]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Get in touch with the insurance company right away. Memorialize the damage with a lot of photos. The other insurance company will want to do their own estimate or have someone look at it. You may not have to hire an attorney for the property damage to the car, but make sure you don't sign a release for all possible damages, in case something does come up physically.

Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.

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Posted

I would make a report. Report it to your insurance. Take photos of the damage and contact the other driver's insurance to start a claim.

For a simple property damage claim, you may not need an attorney, unless you start getting jerked around by the at fault drivers insurance.

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Posted

ALWAYS get a police report. Stories change. Police reports don't. You do NOT need an attorney. Turn this in to your insurance so your car is repaired and you have a loaner in the meantime. You will have to pay your deductible but you will get it back AND you will be able to control how your car is repaired.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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3 comments

Asker

Posted

Thank you, can I go myself now to the police station after a week and get a police report ?

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

Yes. It is not the same as a contemporaneous report but it still elevates the legitimacy of the claim.

Eric P. Pitsch

Eric P. Pitsch

Posted

I agree with counsel's response.

Posted

Always report every accident to police & insurance carrier.

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Posted

While the better course would have been to call the police. That ship has sailed. In addition even if you called the police, if there were no injuries and the cars were drivable the police may not have made a report anyway. What is important is what happened and what you recall happened.
Report this to your insurance company and the insurance company for the "viper" that hit you.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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Posted

Turn it over to your insurance carrier to resolve.

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9 lawyers agree

Posted

You should always get a police report. It is not unusual for stories to change after leaving the accident scene. If the police report records that the other party said they were at fault, that statement can be used in a trial.

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Posted

As a general rule, it is usually best to call the police to the scene and file a report. However, the lack of a report should not be fatal to any claim you may make. Contact the adverse insurance carrier and ask them to send an adjuster to view the damage. In the meantime, you should get your own estimate of the damage so that you have an independent figure to compare. Hopefully the adverse insurance carrier can work an arrangement that is satisfactory to you and you can have your car fixed and paid for by the adverse party's insurance carrier.

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If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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Posted

I would certainly recommend you make a police report for all of the reasons other attorneys have mentioned. I have seen too many examples of times where not doing so comes back to bit someone because either the person changes his/her story or there is simply no documentation of the events to help your insurance carrier recover.

I do not feel you need an attorney to handle the matter if you were not injured. Your insurance carrier can handle the reimbursement of your property damage for you. Take pictures and speak to your carrier about anything else they will need. Good luck,

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Posted

You should always get a police report so that you have an opinion from a neutral third party as to who was at fault.

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Posted

You need proper representation for your case. You should seek representation here on avvo.com or contact the Chicago Bar Association.
Sincerely,
James Di Bella, Esq.

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