Reporting a Motor Vehicle Crash in Virginia: When, Why, and How
You Strengthen Your Personal Injury Claim When You Report Your Motor Vehicle Accident to the Police and to Your Auto Liability Insurance Company
After a car accident, you will have many things on your mind. But no matter how intense the minutes and hours right after the crash are, you should still take steps that will help your personal injury case later on.
The purpose of this article is to discuss one of the most important steps you can take if you have been hurt in a motor vehicle collision in Virginia: reporting the car accident to the police and to your auto insurance company.
Not reporting your car crash is almost always a mistake. It deprives you of the opportunity to get a Police Crash Report that you can use to investigate your claim, prove the other driver’s negligence, and identify potential defendants. And it may raise a red flag with both your auto liability insurance company and the other driver’s insurer that results in a lower personal injury settlement offer.
Keep reading to learn more about why you should report your car crash right away. And call me if you have any questions: (804) 251-1620 or (757) 810-5614.
Am I Required to Report a Car Accident in Virginia?
Yes. In most cases.
Motor vehicle laws in Virginia require you to report a car accident to the police if it results in injury, death, or property damage.
Virginia Code Section 46.2-371, titled “Driver to Give Immediate Notice of Certain Accidents,” states:
The driver of any vehicle involved in any accident resulting in injury to or death of any person, or some person acting for him, shall immediately give notice of the accident to a law-enforcement officer.
Virginia Code Section 46.2-894, titled “Duty of Driver to Stop, Etc., In Event of Accident Involving Injury or Death or Damage to Attended Property; Penalty,” states:
The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in Section 46.2-888, and report his name, address, driver’s license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency …
How Long Do I Have to Report an Auto Accident in Virginia?
Motor vehicle laws in Virginia require you to report your auto accident immediately.
If injuries prevent you from reporting the accident immediately, the law requires you to report the accident to the State Police or local law enforcement agency as soon as possible. Unless you are hospitalized and unable to talk because of a catastrophic injury such as traumatic brain injury, head injury resulting in post-concussion syndrome, amputation, burn injury, or spinal cord trauma resulting in paralysis, I recommend reporting the auto accident within 24 hours.
Do I Have to Report a Minor Accident or Fender Bender to the Police? Understanding When a Crash is Considered a Non-Reportable Accident in Virginia
Probably not. But you should.
I recommend reporting your accident even if there is only minor damage to the vehicle and no injuries. But there are some traffic crashes that you are not required to report by law.
You do not have to report an auto accident if property damage to the vehicles involved in the crash is estimated at less than $1,500 total and no one suffered injuries or death in the crash, or if the crash occurred on a private road or private property no matter the seriousness of the injuries or significance of the property damage.
It is never illegal to report a traffic crash. Even if your auto accident is minor, the police will still respond to the scene and ask the drivers to complete an “Exchange of Information” form. This form will help you investigate and build your negligence claim.
Who Completes the Auto Accident Report?
The law enforcement officer that responds to your accident scene will complete the report after interviewing the drivers and passengers involved in the crash, as well as any witnesses. You do not have to complete the report yourself.
How Will Reporting My Accident to the Police Help My Personal Injury Claim?
There are several reasons to report your car accident to the police.
First, as you’ve seen, it makes sure you are in compliance with the law. Rather than risk breaking the law, take a few minutes to report your auto accident.
Second, reporting the accident will result in a crash investigation and the completion of a Police Crash Report that is filed with the Department of Motor Vehicles (DMV). This may help in several ways. For example:
- Some injuries, including neck pain from whiplash and back pain, take time to develop. When these injuries do become evident, the insurance carrier is less likely to argue that they are unrelated to your auto accident if you have a Police Crash Report.
- The Police Crash Report decreases the likelihood that the other driver will make a false claim against you, such as alleging that you caused the accident when they are at fault, and increases the likelihood that their insurance company will accept liability for your injuries and property damage.
Do I Have to Report an Auto Accident to My Liability Insurance Company?
Reporting a traffic crash to the police is not the same as reporting the crash to your insurer.
I recommend calling your auto insurance company and reporting the accident as soon as you can, even if you were at fault for the crash.
You may be concerned that your car insurance premiums will increase if you tell your auto insurance company about the accident. But not reporting the accident to your insurer can cause even bigger problems and cost you more money over time.
There are several reasons for this. The most important ones are:
- You may have certain types of insurance coverage that will pay benefits regardless of who is at fault for the car accident. For example, you may be able to use your collision coverage to repair or replace your automobile, your towing insurance to pay the cost of your vehicle being towed from the accident scene to a mechanic, and your Medical Expense Insurance Coverage (“Med Pay”) to pay for health care expenses related to the crash.
- If the other driver alleges that you were at fault for the accident, your auto insurance company will pay an attorney to defend you, free of charge. This reduces the likelihood that you will have to pay for injuries suffered by another person in the crash.
When you fail to notify your insurance company of the accident within a reasonable amount of time, you increase the risk that your insurer will deny coverage.
Just remember to stick to the facts when you talk to your insurance company, especially if you received a traffic ticket or anticipate a dispute over who caused the wreck. Do not give a recorded statement or discuss the question of fault without speaking with an attorney first.
Do I Have to Report the Auto Accident to the Other Driver’s Insurance Company?
No.
And you should not without the help of an attorney.
The first thing that will happen when you report the accident to the other driver’s insurance company is the claims adjuster will ask to take your recorded statement. This is a structured interview designed to find potential defenses to your negligence claim and to hurt your chances of recovering financially for the other driver’s acts or omissions.
You are not required to give a recorded statement. And you should not, regardless of the type of case.
The only time limit you should be aware of with regard to the other driver’s insurance company is the personal injury statute of limitations. This deadline requires you to file a civil action within two years of the date of the accident.
What Information Do I Have to Give to Other Persons Involved in the Motor Vehicle Crash?
The law requires you to give the information listed below to any person struck or injured in the auto accident (so long as they appear capable of understanding and retaining the information), as well as to the driver or passengers of the other vehicle(s) involved in the collision and any person who owns property damaged in the crash:
- Your name
- Your address
- Your phone number
- Your vehicle registration number
What is the Penalty for Failing to Report an Auto Accident to the Police?
Failing to report your auto accident can not only hurt your personal injury case but also result in criminal charges.
Virginia Code Section 46.2-371 states that the “willful failure” to report an accident to law enforcement is a Class 4 misdemeanor.
Violation of Virginia Code Section 46.2-894 is (i) a Class 5 felony if the motor vehicle accident results in injury to or the death of any person or in more than $1,000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in no injuries or deaths and damage of $1,000 or less to property. These penalties also apply if you refuse to give other persons injured or involved in the crash your name, address, driver’s license number, and vehicle registration number.
If you are injured in a hit and run accident where felony charges are brought against the defendant driver, you can use that driver’s failure to report the crash to recover punitive damages in your tort claim.
Will Not Reporting the Auto Accident Hurt My Workers Comp Claim?
If you are injured in a car accident while working, you may have two claims – one under workers compensation and one under tort law.
Failing to report your auto accident to the police will not prevent you from qualifying for workers comp benefits, so long as you give your employer notice of the accident within 30 days. (Click here for a Sample Work Injury Report Letter. ). But it may cause your employer’s workers compensation insurance carrier or third party claim administrator (TPA) to take a closer look at your claim and to defend it.
The decision to not report your accident to the police may result in having to present your case at a workers comp hearing, which can take months. And it may make it more difficult to negotiate a workers comp settlement.
From Reporting the Accident to the Police and Your Insurance Carrier to Settlement or Trial, I’m Your Personal Injury Attorney
I hope that you are never in a car crash. But if you are, I’m here to guide you through this difficult time.
For a free consultation, call me today: (804) 251-1620 or (757) 810-5614. You can focus on your recovery while I focus on helping you recover every dollar possible.
- Will the Dollar Tree Store Closures Affect My Workers’ Compensation? - March 14, 2024
- Workplace Injuries in 2022: BLS Releases Statistics - December 15, 2023
- SSA Proposes a Rule Change to Work History Evaluation - November 1, 2023
