Can I File a Personal Injury Claim Without a Police Report in Nevada?

Can You File a Personal Injury Claim Without a Police Report?

While you can still file a personal injury claim without a police report, the process will be a bit more challenging. The police report usually serves as a key part of your evidence to support that the other person was negligent and at fault for the car crash. Without the police report, you will have to rely on other types of evidence, such as:

• Pictures
• Videos
• Witness statements 
• Expert testimony

Essentially, the burden of proof will fall entirely to you and your lawyer when you do not have a police report, as the other party can simply deny any wrongdoing. 

Nevada Law: When an Accident Report Is Required

Nevada traffic laws require an accident report to be filed in specific situations, including:

• There were injuries regardless of the amount of property damage.
• There was $750 or more in property damage.
• There was an accidental death.
• There was no investigation by the police.

The accident report is different from the police report. The DMV requires all drivers involved in a crash to file Form SR-1 with the state within 10 days of the car crash if a police report was not filed. 

Even if the police show up at the accident scene, if they do not write a full police report for the accident, you still have to file Form SR-1. So, it is a good idea to verify and request an accident report in Nevada to ensure a full police report was created. Otherwise, file Form SR-1 to avoid these penalties:

• A mandatory one-year suspension of your driver’s license.
• Potential misdemeanor criminal charges.
• Fines of up to $2,000.
• Potential jail time of up to 364 days.
• The violation being recorded on your driving and criminal records.

The Challenges of a “No Police Report” Injury Claim

In cases with a police report, it serves as an objective, third-party account of the car accident. It includes details like skid marks, vehicle damage, details about how the accident occurred, initial statements from all drivers involved in the crash, and witness statements. It is a strong piece of evidence that can be used to support an injury claim.

Without a police report, the burden of proof falls entirely on yourself. Since there is a no police report injury claim, insurance companies are more likely to question the credibility of your claim. They will also downplay the severity of your injuries and losses. They may even attempt to deny the claim, stating that the injuries were not present at the time of the accident because there is no police report. 

Specific challenges you will face are:

• Difficulties proving fault without sufficient evidence.
• Reduced credibility.
• Increased scrutiny by insurance companies.
• Increased settlement negotiation complexity.
• Disputes involving “he said, she said” (the blame game).

Due to these challenges, it can be beneficial to have a strong legal team on your side to help you gather the necessary evidence, prove the other party was negligent, and receive a favorable settlement. 

What To Do After an Accident in Nevada When Police Are Not Present

Even if you have minor injuries, but property damages are less than $750, and you call 911, the police may not file a formal police report. Here’s what to do after a car accident when the police are not present or do not plan on filing a police report:

Step 1: Secure the Scene and Check for Injuries

Ensure all parties involved are safe and there are no injuries. Render aid, if possible, and call for immediate medical attention, if needed. 

Step 2: Exchange Information

Accident laws in Nevada require all drivers involved in a crash to exchange information and render aid when there are injuries. Every driver must share their name, phone number, driver’s licence number, vehicle information, and insurance information with each other. 

Step 3: Document Everything

Without a police report, it falls to you to gather sufficient evidence. You need pictures and videos of the entire accident scene, the surrounding area, all damage to both vehicles, any skid marks, weather conditions, traffic signs, traffic cams, and any visible injuries you sustained. 

Step 4: Get Witness Statements

Collect the contact information and get a brief witness statement from all witnesses for your personal injury claim in Nevada. You can record their statement on your smartphone or have them write out a brief statement, sign, and date it. 

Step 5: Seek Medical Attention

Even in minor accidents, when it appears like you only have a few scrapes or bruises, it is vital to seek immediate medical attention. This helps create a paper trail of your injuries and medical bills, which is essential for your personal injury claim in Nevada. 

Step 6: Avoid Admitting Fault

Do not apologize for causing the accident or admit fault in any way. Making these statements could be used against you later by the other party and insurance adjusters to reduce your settlement or even deny your claim.

Building Your Personal Injury Case With Your Own Evidence

Building your own car accident claim without a police report in Nevada requires proving the other party was negligent and liable for your injuries and property damage. You will need to rely on your own evidence that you gathered at the time of the car accident. The types of supporting documentation and evidence for a personal injury claim in Nevada include:

• Photos and videos of the accident scene, including your injuries.
• Witness statements and contact details for every witness.
• All medical records detailing the extent of your injuries and anticipated recovery time.
• All medical expenses and bills incurred.
• Documentation supporting any lost wages.
• A personal journal documenting your pain and suffering, recovery process, missed work, and any other negative effects due to your injuries.
• Follow up photos and videos of your injuries daily, which can show changes, or if they are healing.
• Surveillance footage from any traffic cams or security cams that captured the crash.
• Estimates for your vehicle damage and any other personal property damage.
• Your own insurance company’s claim information and claim number.
• Expert testimony from an accident reconstructionist, if needed.

All of this evidence and documents you need for a personal injury claim help establish a clear and accurate version of the accident, while helping prove the other party was negligent. They serve as the “police report” with supporting physical evidence for an objective, comprehensive record of events, and the connection between your injuries and the car crash. The evidence and supporting documents for an injury claim in Nevada also help determine the monetary value of your claim. 

Understanding Key Nevada Personal Injury Laws

Once you have all your documentation and evidence together, it is vital to file your case as soon as possible. 

Some key Nevada personal injury laws to keep in mind include the following:

• Nevada’s statute of limitations in personal injury: Nevada has a two-year statute of limitations, which starts on the date of the accident. 
• Comparative negligence in Nevada: Nevada uses a “modified comparative negligence” rule, which is also known as the “51% bar.” Essentially, this means you can still recover personal injury compensation in Nevada as long as your percentage of fault is not greater than the other driver’s. However, your total settlement for personal injury in Nevada is reduced by the percentage you are deemed to be at fault. 
• Elements of negligence in Nevada: To prove negligence in Nevada, you must satisfy each of the four elements of negligence:
  • Duty of care in Nevada: All drivers have a duty to act reasonably.
  • Breach of duty: The driver failed to act reasonably.
  • Causation: The driver’s actions resulted in your injuries.
  • Damages: You sustained losses due to the driver’s actions.

How Adam S. Kutner, Injury Attorneys, Can Help

Getting help from Adam S. Kutner, Injury Attorneys, for an insurance claim without a police report can make the entire process less stressful and easier. 

Our expert legal team will:

• Handle the entire Nevada personal injury claims process.
• Gather crucial evidence to support your claim.
• Negotiate with the insurance adjusters to secure a favorable settlement.
• Take the case to court, if needed, while aggressively advocating for you.

Our law firm provides a free case evaluation and consultation. We take cases on a contingency basis, which means you owe us no legal fees unless we win your case. Find out your options and obtain free legal advice to avoid making any mistakes that could hurt your injury claim by scheduling your free consultation today. 

Protect Your Rights

While filing claims in Nevada without a police report is more challenging, it is not impossible to still secure a favorable settlement from the at-fault party’s insurance company. With the right evidence and accident documentation in Nevada, and an experienced legal team like Adam S. Kutner, Injury Attorneys, you can still obtain the compensation you deserve.

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