In Arizona, filing a car accident claim without a police report can be challenging, but it’s not always impossible. While insurance companies and courts often rely on official reports to determine fault, other forms of evidence can still support your case. Understanding when a police report is required, and what to do if you don’t have one, can make a critical difference in your claim. In this article, we will cover when police reports are necessary, how to file a claim without one, and what alternative evidence can strengthen your case.
Can You Claim a Car Accident Without a Police Report
You can file a car accident claim in Arizona without a police report if the crash was minor, with no injuries and property damage below $1,000. In these cases, insurance companies may still accept claims based on driver statements, photos, medical records, and repair estimates. However, when an accident involves injuries, significant damage, or a hit-and-run, reporting to law enforcement is required. If the police respond, they will file an official accident report, which can serve as key evidence in your claim. However, if no officer arrives, the law does not require you to file a police report yourself, but not having one can make proving fault more difficult.
Arizona Accident Report Laws and Their Impact on Your Claim
Arizona law sets clear requirements for accident reporting, which can significantly affect your ability to seek compensation.
When Police Must File a Report
Under Arizona Statutes A.R.S. § 28-667, police officers must file a report, when investigating a motor vehicle accident, under the following circumstances:
- When a motor vehicle accident results in bodily injury, death, or damage to the property of any person that is more than $2,000, or the issuance of a citation, police officers shall complete a written report of the accident as follows:
- Either at the time of, and at the scene of the accident, or after the accident by interviewing participants or witnesses; or
- Within 24 hours after completing the investigation.
- When a motor vehicle accident results in damage to the property of any person in an amount of $2,000 or less, but that does not result in the issuance of a citation, or bodily injury, or death, police officers shall complete a portion of the written report of the accident, which must:
- Be completed either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses; or
- Be completed within 24 hours after completing the investigation; and
- Include the following minimum information:
- The time, day, month and year of the accident
- Information sufficient to identify the location of the accident
- Identifying information for all involved parties and witnesses, including name, age, sex, address, telephone number, vehicle ownership and registration and proof of insurance
- A narrative description of the facts of the accident, a simple diagram of the scene of the accident and the investigating officer’s name, agency and identification number.
The report is filed with the Arizona Department of Transportation (ADOT) and is available to drivers, insurance companies, and attorneys involved in the case. The drivers in Arizona also have responsibilities in accident reporting.
When Drivers Must Report an Accident
While Arizona law does not require drivers to file a report when police do not respond, failing to report an accident when legally required can result in criminal penalties. Under Arizona Statutes A.R.S. § 28-663, all drivers involved in a crash must:
- Stop at the scene and exchange information
- Render aid to anyone injured
- Notify law enforcement if the accident meets the mandatory reporting criteria.
Leaving the scene without reporting a crash involving injuries or significant damage can result in hit-and-run charges, with penalties ranging from fines to felony convictions, depending on the severity of the accident.
Why a Police Report Can Make or Break Your Claim
A police report can be a powerful tool in securing compensation after an accident, providing official documentation that strengthens your case. Without it, proving fault and damages becomes significantly harder, giving insurance companies more leverage to delay or deny claims. Here’s why having a report matters, and what can happen if you don’t have one:
- Establishes Fault and Liability
Insurance companies rely on police reports to determine who caused the accident. If the other driver denies responsibility, the officer’s observations, witness statements, and any citations issued can serve as crucial evidence. Without this report, insurers may dispute fault, making it harder to recover damages. - Strengthens Your Insurance Claim and Prevents Denials
A police report serves as an objective account of the accident. Without it, insurers may question the legitimacy of your claim, dispute the severity of the crash, or even suggest the accident never happened. This can lead to claim denials or significantly reduced settlements. - Documents Injuries and Protects Your Medical Claim
Some injuries, like whiplash or internal trauma, may not appear immediately. A police report helps connect your injuries to the accident, making it harder for insurers to argue that they were caused by something else. - Protects You if the Other Driver Changes Their Story
At the scene, the other driver may admit fault, but later, they could provide a conflicting version of events. A police report locks in key details, reducing the risk of false claims that could shift blame onto you. Without this record, proving liability becomes a battle of conflicting statements. - Helps Prove Property Damage and Prevents Lowball Offers
A police report records visible damage at the scene, which helps establish repair costs. While without it, insurers may claim the damage was pre-existing or unrelated to the crash, leading to lower settlement offers or outright claim denials. - Provides Critical Legal Protection in a Lawsuit
If negotiations fail, and your case goes to court, a police report serves as an impartial, third-party account of the accident. Judges and juries often rely on these reports to help them establish a timeline, determine fault, and verify injuries. Without one, the burden falls entirely on you to prove your case through other evidence
Now you see the importance of a police report in the claim process. Let’s see if there are opportunities to file a report after the accident.
Can You File an Accident Report After an Accident?
If a police report was not filed at the scene, you may still be able to document the accident by submitting your own report. You can file a voluntary accident report with the Arizona Department of Transportation (ADOT), if law enforcement does not respond. While this is not a legal requirement, it can serve as documentation for your insurance claim and provide an official record of the crash. Arizona does not impose a strict deadline for filing this voluntary report with ADOT, but documenting the accident as soon as possible strengthens your case. Insurance companies may have their own deadlines for reporting accidents—often within 24 to 72 hours—so it’s essential to check your policy requirements.
How to Write a Car Accident Report
If you need to submit your own accident report, include as much detail as possible. The report should cover:
- Date, time, and location of the accident
- Weather and road conditions at the time of the crash
- Vehicle descriptions (make, model, color, and license plate numbers)
- Driver information (names, contact details, and insurance details)
- Damage to vehicles and property
- Injuries sustained by any party
- A factual description of how the accident occurred
- Witness statements, with their contact information
- Photographic or video evidence, if available
Providing clear, factual details without admitting fault is crucial. If the accident escalates into a legal dispute, any statements made in a report could be used as evidence.
How to Look Up an Accident Report in Arizona
If a police report is filed, you can obtain a copy through the Arizona Department of Public Safety (DPS) or the local law enforcement agency that responded to the crash. Reports are typically available within 14 days and can be requested online, by mail, or in person.
- Online: Visit the ADOT or DPS website, enter the report number (if available), and follow the request process.
- By Mail: Submit a written request with the accident details, driver names, and location to the Arizona Department of Public Safety Records Section.
- In Person: Go to the local police department or sheriff’s office that handled the crash and request a copy.
There may be a small fee to obtain a report, and only involved parties, legal representatives, or insurers can access it. If an insurance company requests the report, reviewing it before they do can help you to address any errors or omissions that could affect your claim.
But what if a police report was not filed? Taking the right actions quickly becomes even more critical.
What to Do if a Police Report Was Not Filed to Maximize Your Claim
If no police report exists, securing compensation becomes more challenging, but not impossible. The key is gathering strong alternative evidence that proves how the accident happened, who was at fault, and the extent of your injuries.
- Collect and Preserve Evidence at the Scene
Photographs and videos are essential. Capturing photographs of vehicle damage, road conditions, skid marks, traffic signals, and any visible injuries, can be crucial in assessing liability. If possible, take pictures of the other driver’s license plate, insurance card, and driver’s license to avoid issues later. - Get Witness Statements
If you’re dealing with the aftermath of an accident, witness testimony can serve as a substitute for a police report in proving fault. If anyone saw the crash, ask for their contact information and a brief statement. A written or recorded statement can be crucial if the other driver later denies responsibility. - Seek Immediate Medical Attention
Even if injuries seem minor, see a doctor right away. Medical records link your injuries to the accident, creating a clear timeline. Delaying treatment gives insurers an opening to argue that your injuries were unrelated or not serious enough to require compensation. - Report the Accident to Your Insurance Company
File a claim as soon as possible, but be mindful of your statements. Stick to the facts, avoid speculation, and never admit fault. If the other driver’s insurer contacts you, consider consulting an attorney before giving a recorded statement. - Check for Traffic Camera or Dashcam Footage
Many intersections and businesses have surveillance cameras that may have captured the accident. If you or a witness had a dashcam, that footage could serve as direct evidence to counter any disputes about fault. - File a Driver’s Crash Report If Necessary
Even though Arizona does not require drivers to file an accident report, submitting a voluntary driver’s crash report, which we’ve covered above, to the Arizona Department of Transportation (ADOT) can create an official record of the accident. This can be useful when dealing with insurance companies. - Get Legal Support to Strengthen Your Claim
Without a police report, insurers may push back harder on your claim. An attorney can help gather additional evidence, negotiate with the insurance company, and, if necessary, file a lawsuit to secure full compensation.
Our legal team at Esquire Law knows the tactics insurance companies use to limit payouts, and we work to counter them by building strong, evidence-backed cases for our clients. Our car accident lawyers help gather alternative proof, negotiate with insurers, and, when necessary, take legal action to secure the full compensation you deserve.
Acting quickly and documenting every detail can prevent insurers from exploiting the lack of a police report to limit or deny your claim. The stronger your evidence, the better your chances of recovering damages for medical bills, lost wages, and pain and suffering. If you were in an accident without a police report, we’re here to help you navigate the claims process and fight for the maximum compensation possible.