Should I call the police after a minor collision?

October 11th, 2013 by

Should I call the police after a minor collision?

One question that comes up from time to time is whether or not drivers should call the police after a minor collision. Assuming there are no major injuries to anyone involved and no obvious crime is suspected, whether or not to call the police becomes a judgment call on the part of the drivers. At Wright CARS, we recommend that police be called to the scene of every accident on public roads for the following reasons: Documentation: A Law Enforcement Officer serves as a neutral party who will document the details of the accident, including the information on the drivers, damage to the vehicles, date, time, and location of the accident, and any mitigating factors such as road conditions or moving violations caused by either party. The officers may also take statements from witnesses, who may feel more comfortable giving their information to police than to a private party. Protection On more than one occasion, we have witnessed or experienced a case where the drivers agree at the scene to refrain from calling the police and then later deny or misrepresent the facts when speaking to insurance companies to determine liability. By having a police report, you have an independently-verified account of the accident, thereby avoiding the "he said, she said" conflict that can arise in accident settlements. Determination of Fault You do not want to have to make a claim on your own insurance if the accident was caused by another party. A Police Officer will determine if there was fault such as failure to obey traffic laws, excessive speed, distraction, illegal substance use, or vehicle malfunction. Additionally, if your vehicle was at fault but there were extenuating circumstances such as vehicle malfunction, impaired visibility, missing or malfunctioning traffic signals, you will want this documented as well. Reference Occasionally, damage to your person or vehicle may not be apparent at the time of the accident, but presents itself a few days later. Having the police report to consult and refer to when making a claim after the fact will be helpful in proving the accident's occurrence.

The other party may request that you do not call the police. This can be, but is not always, a "red flag." If you feel the need to call the police, you may do so, with or without the consent of the other driver. If the other driver attempts to leave the scene after being informed that the police are on the way and/or before you have finished exchanging information, jot down as much information as you can about the vehicle including license plate, make, model, color, obvious damage, and the direction it was heading when it departed the scene. If possible, take photos with your cell phone. Do not attempt to chase the other driver. Allow trained Law Enforcement Officers to do that. When in doubt, always feel free to call the police. There is no penalty if they arrive and determine that the accident is too small to report. But employing a "better safe than sorry" policy will ensure that you have as many tools as possible at your disposal when navigating the aftermath of an accident. Disclaimer: This is an account of our industry experience only and is not intended to serve as legal advice. If you have a question about your rights or about legal procedures, please contact a Licensed Attorney.
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