Can You File a Personal Injury Claim Without a Police Report in Louisiana?

When car accidents happen but police don't show, your right to seek help still stands strong.

Filing a personal injury claim in New Orleans without a police report is possible, though it does present some challenges. Many people believe that without an official police report, they can't pursue compensation for their injuries. The truth is that while a police report provides helpful evidence, it's not required by law to file a personal injury claim in New Orleans. Understanding how to build a strong case without this document can make a big difference in your ability to recover fair payment for your injuries.

Can you file a personal injury claim without a police report in Louisiana?

You can file a personal injury claim without a police report in Louisiana. However, proving the facts surrounding your case can be challenging.

Generally, in Louisiana, state law requires that certain car accidents be reported to law enforcement. If an accident results in injury, death, or property damage exceeding $500, the driver must notify the police. If officers arrive at the accident scene, they will create an official accident report. However, if law enforcement does not respond, no report may be generated. This does not prevent you from filing a personal injury claim, but it may require additional evidence to prove your case.

A police report serves as an objective account of the crash, detailing the events leading up to the collision and the parties involved. Insurance companies and courts often rely on this report when determining fault and awarding compensation. While it is not always legally required to have a police report to pursue a personal injury claim, having one can strengthen your case.

When You Must Report an Accident in Louisiana

In Louisiana, drivers must contact law enforcement under Louisiana Revised Statutes §32:398:

Accident reports; when and to whom made; information aid; fees for copies; fees for accident photographs

A. The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage in excess of five hundred dollars shall:

(1) Immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within an incorporated city or town or, if the accident occurs outside of an incorporated city or town, to the nearest sheriff's office or state police station.

(2) Give his name, address, and the registration number of the vehicle he was driving and, upon request and if available, exhibit his license or permit to drive to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident.

(3) Give such information and, upon request, exhibit such license or permit to any police officer at the scene of the accident or who is investigating the accident.

If a crash results in injury, death, or property damage over $500, the law requires drivers to notify the police. When officers respond to the scene, they create an official accident report, which can be crucial in determining fault and handling insurance claims.

If no officer arrives, a formal report may not be filed. However, this does not prevent you from pursuing a personal injury claim. In such cases, proving liability may rely more on witness statements, medical records, photos, and other evidence.

A police report provides an objective account of the accident, noting road conditions, traffic violations, and details about the involved parties. Insurance companies and courts often use these reports when evaluating claims. While a police report is not always required to file a personal injury claim, it can significantly strengthen your case.

How to Obtain a Police Report After a Car Accident

To obtain a copy of your accident report:

• Visit the police department or agency that responded to your crash. In New Orleans, this may be the New Orleans Police Department (NOPD) or Louisiana State Police.

• You may be required to pay a small fee for the report and wait several days for processing.

• If you have hired a personal injury attorney, they can handle obtaining the report on your behalf.

• Louisiana residents can also request accident reports online through the Louisiana State Police website or local law enforcement portals.

Implications of Not Having a Police Report

A police report provides an unbiased account of the accident, often including an officer's assessment of fault. Without it, you may need to rely on other evidence, such as:

• Witness statements

• Medical records

• Photographs of the accident scene

• Surveillance footage

These alternative sources can still support your claim but may require more effort to compile and present convincingly.

Challenges in Securing Fair Compensation Without a Police Report

A police report can serve as key evidence when negotiating a settlement with insurance companies. Without it, insurers may dispute your version of events, making it more difficult to seek compensation for injuries and damages. If no police report is available, it may be necessary to:

• Gather alternative evidence, such as medical records and repair estimates.

• Rely on witness testimony to support your claim.

• Work with an attorney to negotiate with the insurance provider or company.

Alternative Evidence for Your Claim

If a police report is unavailable, alternative forms of evidence can help establish liability, including:

• Surveillance footage from nearby businesses or traffic cameras

• Dashcam footage from your own or other vehicles

• Eyewitness testimony from passengers or bystanders

• Cell phone records showing distracted driving

• Medical reports documenting your injuries

While a police report is an authoritative source, insurers and courts will also consider other compelling evidence.

How to Gather Evidence if a Police Report is Not Available

If you do not have a police report, take these steps to strengthen your claim:

1. Document the scene by taking photos and videos of vehicle damage, road conditions, and traffic signals.

2. Obtain witness statements with contact information for verification.

3. Request surveillance footage from nearby businesses or traffic cameras.

4. Seek medical attention immediately and keep detailed records of your injuries and treatments.

5. Keep records of all accident-related expenses, including vehicle repairs and lost wages.

Notifying Your Insurance Company

Before contacting your insurance company, it is advisable to speak with an attorney who can guide you through the claims process and communicate with insurers on your behalf. When filing a claim, consider:

• Setting up a claim promptly to determine coverage options.

• Check for uninsured/underinsured motorist coverage, which may cover your expenses if the at-fault driver lacks sufficient insurance.

• Providing documentation, such as medical bills, repair estimates, and any available evidence.

How Long After an Accident Can You File a Claim

Louisiana law sets strict deadlines for filing car accident claims:

• You generally have one year from the accident date to file a personal injury claim.

• For property damage claims, the deadline maybe two years, depending on when the accident occurred.

Failing to file within the required timeframe may result in losing your right to seek compensation.

How Can a Car Accident Attorney Help with Your Car Accident Claim?

A car accident attorney can:

• Help you gather and present evidence effectively.

• Handle communications and negotiations with insurance companies.

• Advocate for fair compensation, ensuring you are not pressured into a low settlement.

How a Car Accident Attorney Can Help You Through the Claims Process

The legal process can be complex, but an attorney can assist by:

• Explain your rights and legal options.

• Collecting and organizing evidence to strengthen your case.

• Negotiating with insurance companies to secure the compensation you deserve.

Having legal representation can increase the likelihood of a favorable outcome and relieve the stress of dealing with insurers and legal deadlines.

Your Path Forward: Building a Strong Case Without a Badge

Filing a personal injury claim in New Orleans requires careful gathering of other evidence, but it's a path many have successfully traveled. By acting quickly to collect photographs, witness statements, medical records, and other proof of your injury, you can still build a compelling case. 

Attorney Taylor Burnham understands the unique challenges these situations present and works closely with clients to overcome evidence gaps. With the right approach and support, the absence of a police report doesn't have to stand between you and the compensation you deserve for your injuries. Contact us today for a free consultation and case evaluation!