What Happens If You Don’t Report a Car Accident?
A minor car accident may not seem worth reporting, especially when both vehicles can still be driven and no one appears seriously injured. In Louisiana, however, certain crashes must be reported.
Louisiana law requires a driver to immediately notify the appropriate law-enforcement agency when a crash causes an injury, death, or more than $500 in property damage. Failing to report a crash when required can create legal issues and may leave you with less documentation if an insurance or injury claim develops later.
Gordon McKernan Injury Attorneys has represented injured people throughout Louisiana for more than 30 years. Here’s what to know if an accident was not reported and what you can do next.
Do You Have to Report a Car Accident in Louisiana?
Yes, when the accident meets Louisiana’s reporting requirements.
Under Louisiana Revised Statute 32:398, a driver must immediately report a crash involving:
- Injury to any person
- Death
- More than $500 in property damage
If the accident occurs within an incorporated city or town, notice should be given to the local police department. Outside an incorporated area, the driver must notify the nearest sheriff’s office or Louisiana State Police station.
For more information, see our guide to Louisiana’s car accident reporting requirements.
What Happens If You Don’t Report a Car Accident?
Failing to report a crash that Louisiana law requires you to report can expose you to penalties under state traffic law. It can also make the circumstances of the accident more difficult to document later.
A police report can create a contemporaneous record containing information about the drivers, vehicles, insurance, location, and circumstances observed during the investigation.
Not having a police report does not automatically prevent you from pursuing an insurance or personal injury claim, but other evidence may become more important if the drivers disagree about what happened.
Can You Report a Car Accident After the Fact?
Louisiana law requires immediate notice of a reportable accident. It does not provide a general late-reporting period for drivers who simply failed to report at the scene.
If you have already left the scene, contact the police department, sheriff’s office, or Louisiana State Police agency that had jurisdiction over the crash as soon as possible. Ask what steps are available for documenting the accident after the fact.
You should also preserve any evidence you still have, including photos, videos, witness information, repair estimates, medical records, and insurance communications.
Do You Have to Report a Minor Accident?
A crash can seem minor and still meet Louisiana’s reporting threshold.
Louisiana’s requirement is based on whether someone was injured or killed or whether property damage exceeds $500, not simply on how serious the collision appeared at the scene.
Because modern vehicle repairs can exceed $500 even after a relatively small collision, the extent of the damage may not always be obvious immediately.
How Can an Unreported Accident Affect an Insurance Claim?
Reporting an accident to law enforcement and notifying your insurance company are separate responsibilities.
Your insurance policy may require prompt notice of an accident or claim. Review your policy and contact your insurer within any applicable notice requirements.
If there is no police report, other evidence may become especially important, including:
- Photos or videos of the scene and vehicles
- Witness statements
- Medical records
- Repair estimates
- Dashcam footage
- Text messages or other communications about the crash
If you were injured or fault is disputed, a Louisiana car accident lawyer can review the available evidence and explain what legal options may be available.
What Should You Do If You Didn’t Report the Accident?
If you believe your accident should have been reported:
- Contact the appropriate law-enforcement agency promptly.
- Notify your insurance company according to your policy.
- Preserve photos, videos, repair records, witness information, and other evidence.
- Seek medical attention if you are experiencing pain or other symptoms.
- Consider speaking with an attorney if you were injured or responsibility for the crash is disputed.
Acting promptly can help preserve information that may become important later.
Didn’t Report Your Accident? Talk to Gordon McKernan Injury Attorneys
Not having a police report does not necessarily mean you have no legal options.
Gordon McKernan Injury Attorneys helps people throughout Louisiana understand their rights after car accidents. Our Louisiana personal injury lawyers can review what happened, evaluate the evidence available, and explain your potential next steps.
Contact us for a free consultation.
This content provides general legal information and is not legal advice. Reading this page does not create an attorney-client relationship. Louisiana law may change, and the law that applies depends on the specific facts and circumstances of each case.
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