Cyclists can find themselves in a tricky situation if they are involved in a crash without a police report. Can they still file a claim? How do they go about filing? How severe does an injury have to be to pursue a claim?
Filing a Claim Without a Police Report
The absence of a police report does not prevent you from filing a claim. While police reports can be useful, they are not the only or ultimate determinant of liability. It’s important to note that such reports aren’t typically admissible as evidence in a trial. Typically, the officer who made the report is called on to authenticate or affirm material in the report.
Gathering Evidence Independently
If a police report isn’t available, it’s necessary to collect evidence in other ways. Pertinent evidence includes:
- Exchanging Insurance Information: Ensure you obtain the insurance details of any other party involved in the incident.
- Taking Photos: Use your phone to take pictures of the scene. Photos should include the other vehicle, its license plate, and the driver’s insurance card.
- Documenting the Incident: Make a note of what happened while it’s fresh in your memory. This documentation can be vital later.
- Seeking Medical Attention: Prioritize getting medical treatment for your injuries. This not only supports your health but also creates medical records that can be used as evidence in your claim.
Your Own Insurance May Provide Coverage
If you’re a cyclist hit by a vehicle, remember that your own auto insurance policy, particularly under-insured motorist coverage, may offer compensation for your injuries. It’s worth checking your policy to understand what coverage you have in such situations.
Dealing with Police Reports
If a police report suggests you’re at fault, it doesn’t necessarily end your ability to recover damages. Police reports are typically not admissible in court and are based on an officer’s assessment at the scene, which may not be accurate. The true facts of the incident are what matter, and these can be discovered in the same way as when there is no police report.
In cases where the police report points against you, or if the other party denies the incident occurred, can file a lawsuit to defend your rights. Experienced personal injury attorneys can help navigate this process and reach a favorable settlement.