ClickCease California Has Strict Rules About Insurance - Personal Injury Lawyer Los Angeles CA

Ranked #1

Personal Injury Firm

How Los Angeles Handles Car Accidents Without Police Or Insurance

What To Do If You Do Not Have A Police Report And Need To File A Claim

According to the Association For Safe International Road Travel, the average American driver has three to four accidents in their lifetime. In the state of California that number is multiplied as in 2018 there were over 1,000 deaths within the first six months, which is a three percent increase from the previous year. When the amount of cars on the roads escalate the chances of you getting into a car accident escalate as well. Though car insurance is required by law, some drivers may be negligent or confused about the Los Angeles car law. West Coast Trial Lawyers is the top-ranking personal injury law firm in Los Angeles and can answer any questions you have about your insurance policy or lack thereof.

Minimum California Auto Insurance

In California, it is mandatory that every car owner must register for at least the minimum amount of auto insurance. Your auto insurance policy is set in place not only for your protection but for the safety of your passengers, pedestrians and other drivers as well. For more information on auto insurance law, check out our complete online guide.

Why Should You Call The Police After An Accident

Depending on the state laws, when you need to file a police report can be different. In most states, it is required to file a police report if someone was injured, killed, or if the property damage is above a certain amount. In compliance with the California Vehicle Code section 20008, you are only required to report an accident to the California Highway Patrol or the police department when the collision contributes to a death or injury. When the police arrive they will create their own accident report which alleviates your responsibility in doing so.

Under California law you do not have to call the police unless you or the other person is injured. However, alerting the authorities is in your best interest as it can help prove the negligence of another driver, the city, or outside circumstances that affected the accident. Regardless of how small the accident may be or the damage done, it is recommended to call the police as it will strengthen your insurance claim, especially since certain personal injuries such as brain damage and whiplash injuries can take some time to take effect. Without a doubt, you should absolutely call the police if:

  1. You are part of a Hit and Run accident
  2. You or anyone else has been injured
  3. You suspect the driver is drunk, over tired, or under the influence of any legal or illegal drugs
  4. The driver is aggressive, uncooperative, or flat out refuses to share their insurance information with you

If You Choose NOT to Call the Police

Though it is ill-advised, depending on the situation, you may opt not to call the police. If you prefer not to do so, understand that you are diminishing the likelihood of winning a favorable insurance claim. Regardless of your decision, you should know what to do after a car accident. In order to best protect yourself, be sure to collect the following information:

  1. Contact details of the other driver including their name, address, and telephone number
  2. The driver’s license plate number
  3. Description of the car: make, model, and color
  4. The name of the other driver’s insurance company

What Happens If There Is No Police Report

Some drivers are tempted to think that if there is no police report then there is no proof that the accident ever happened. This is completely false as many drivers can still be sued without the written proof. In such cases, witness testimony, video evidence and driving records may be examined by the court. Though a report is not completely necessary, it is a written account that can help you prove your case. It is not up to the police to assign fault or blame but presenting a written account is certainly a way to prove you’ve done your diligence.

Available Damages

Economic Damages
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out of pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. A few examples of economic losses include:

  • Loss of Earning Capacity
  • Medical Bills
  • Lost Wages

Non-Economic Damages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain And Suffering
  • Loss Of Enjoyment Of Life
  • More

Punitive Damages
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5% of all verdicts.

What To Do If You Do Not Have A Police Report And Need To File A Claim
If you do not have a police report you may be confused as to how you can prove your case. The insurance company may challenge the situation with a comparative negligence claim in order to diminish your reward. When challenged by colossal insurance companies be sure to reach out to the qualified attorneys at West Coast Trial Lawyers. For a free consultation call (213) 927-3700 today!


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
Free Consultations /
No Fees Until We Win


Buy now