You may be able to file a claim for a Fort Lauderdale accident without a police report, but proving fault can be more challenging. A police report serves as an official record, often critical for establishing liability and negotiating with insurance companies.
Without one, you’ll need other evidence, such as witness statements, photos, or surveillance footage, to support your case. Florida law requires reporting accidents involving injuries, fatalities, or significant property damage.
Even if not required, filing a report with the Florida Highway Safety and Motor Vehicles (FLHSMV) can strengthen your claim. A Fort Lauderdale car accident lawyer can help gather evidence, handle negotiations, and pursue fair compensation, even if a police report wasn’t filed.
Why a Police Report Matters in an Accident Claim
A Fort Lauderdale personal injury lawyer will often work to obtain a police report to support an accident claim. This document provides an official record of the incident, including key details like the date, time, location, and parties involved.
It may also include the responding officer’s observations and statements from witnesses, which can help establish fault. Insurance companies heavily rely on police reports to assess liability and determine the strength of a claim.
Without a report, insurers may dispute the facts of the accident or deny responsibility. In some cases, the absence of a police report can weaken your ability to prove fault, leaving other evidence, such as photos or witness statements, open to dispute.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
When Is a Police Report Legally Required in Florida?
Florida law requires a police report for certain types of accidents under Florida Statutes § 316.066. A report must be filed for accidents involving:
- Injuries or fatalities
- Property damage exceeding $500
- Hit-and-run incidents or crashes caused by intoxicated drivers
According to the statute, drivers must report these accidents immediately to local law enforcement, the sheriff’s office, or the Florida Highway Patrol. Failure to comply with this requirement can result in fines or other penalties.
Even if not legally required, filing a report is advisable, as it provides an official record that may be critical for insurance claims or legal proceedings.
Filing a Traffic Crash Report on the FLHSMV Website
Even if you didn’t call an officer to the scene of the accident, you can still file an accident report later through the Florida Highway Safety and Motor Vehicles (FLHSMV) website.
Florida law allows drivers involved in minor accidents—those without injuries or significant property damage—to submit a traffic crash report directly online.
This self-report option creates an official record of the accident, including details such as the date, time, location, and those involved. While not as detailed as a police report, it can still be valuable for documenting the incident and supporting your insurance claim. Filing promptly is important to avoid losing key details and to comply with reporting requirements.
How a Fort Lauderdale Car Accident Lawyer Can Help
A Fort Lauderdale car accident lawyer can provide critical support if you’re pursuing a claim without a police report. Without an official police report, proving liability may be more challenging, but an attorney can investigate the accident thoroughly to build a strong case.
Lawyers can gather alternative evidence, such as witness statements, photos, or videos from the scene, traffic camera footage, and medical records. They may also work with accident reconstruction experts to determine how the crash occurred and who was at fault.
Additionally, your lawyer will handle communication with insurance companies, present the evidence effectively, and advocate for fair compensation for your injuries and losses, even in the absence of a police report.
How a Police Report Can Help With Florida’s Modified Comparative Negligence
Under Florida’s modified comparative negligence rule, your ability to recover damages depends on proving you are 50% or less at fault for the accident. A police report can play a key role in this process by providing an unbiased, official account of the collision.
The report often includes crucial details, such as the officer’s observations, statements from the parties involved, and any citations issued. These details can help establish who was primarily responsible for the accident, reducing the likelihood of disputes about fault.
Without a police report, insurance companies may attempt to shift more blame onto you, which could reduce or eliminate your ability to recover compensation.
A police report strengthens your case by documenting evidence that supports your version of events, helping a Fort Lauderdale car accident attorney argue against unfair fault assignments under Florida’s modified comparative negligence laws.
We Can File Your Claim for a Fort Lauderdale Accident
Filing a claim after a Fort Lauderdale accident can be more challenging without a police report, but there are ways to protect your rights and pursue compensation. Acting quickly to gather evidence, file a crash report, and consult with an experienced attorney can help.
At The Schiller Kessler Group, we have over three decades of experience helping accident victims and dealing with insurance companies.
Don’t wait to take action. Contact The Schiller Kessler Group today for a free consultation, and let us help you fight for the compensation you deserve.
Injured? Call The Aggressive Attorneys Today
