If you get into a truck accident, reporting is mandated by law. When you fail to report the accident, you can face penalties, license points, or suspension.
The importance of filing a truck accident report goes beyond just legal risks. You need solid evidence and proof of fault to recover your damages. When you don’t report the truck accident, the evidence disappears slowly and makes it hard to hold liable parties accountable.
Insurance companies can easily dismiss your claim because they have a deadline for you to report the accident. Defense attorneys can make you look guilty with the lack of an immediate police report and prevent you from accessing the truck company’s commercial insurance policies.
Immediate Legal Risks
You have a legal duty to report a truck accident that involves injuries, death, and significant property damage.
If you fail to report the accident to the law enforcement authorities, you may face penalties including fines, license points, or license suspension, and hit-and-run charges even if you share no fault, as the law requires you to exchange contact information and report the accident.
The Evidence Gets Volatile
In truck accidents, you need crucial evidence like debris patterns, which may be included in police reports with a photo and description, and other evidence such as black box data, maintenance, and driver logs.
When you fail to report the truck accident, this list of evidence disappears either intentionally or unintentionally.
Trucking companies may not have a legal obligation to keep their maintenance records and cargo data when the accident goes unreported.
The crash scene will be cleaned, and the truck will be sent for repair services, removing the physical evidence like skid marks and damaged parts of the vehicle.
It becomes harder for you to track witnesses and get their statements as their details are included in police reports. Most importantly, their memory of the accident will most likely fade away.
Proving Fault Becomes Hard
The at-fault party is mostly responsible for paying for your damages when it comes to truck accidents. Even if the trucking company is liable, without an official police report, there is no official evidence to prove what actually happened.
The trucking company or driver may later lie or deny responsibility for causing the accident.
Defense attorneys will exploit the lack of an accident report, even if you proceed with the case.
They will question why you did not report the accident immediately and will argue that you are liable for the accident, claiming that your injuries were preexisting due to the delayed reporting.
Insurance Claim Denials
Most insurance policies require you to report the accident within 24 to 72 hours. When you fail to meet this deadline, insurance companies can deny your claim right away.
You’ll be personally responsible for your own economic damages (medical bills and lost wages), non-economic damages (emotional distress), and vehicle damages.
Even if your claim is eventually accepted, the insurers may question the legitimacy of your injuries and damages if you reported the accident beyond the deadline.
No Access to Commercial Insurance Policies
Truck accidents are severe. Sometimes, you may have failed to report the accident because you felt “fine” at first. However, the symptoms of your internal injuries only start to show after the accident.
These injuries, along with other existing damages you overlooked, can total an unimaginable amount to recover.
Trucking companies carry commercial insurance policies with coverage limits ranging from $750,000 to $5,000,000. Without a timely report, accessing this large coverage will be difficult for you, no matter how much you need it.
What Should You Do If No Report Was Filed?
File a police report as soon as possible, even if time has passed. This still creates an official police record.
Photograph any remaining evidence, such as vehicle damage and your injuries.
Track down witnesses if you can. Even without a police report, witness statements can still add weight to your claim.
Note down and document everything while you can still remember the events that took place in the accident.
Contact a truck accident attorney to know how you can still build a strong case, preserve evidence when you still can, and understand what your options are.
Key Takeaways
When the accident involves damage, you need to report it. You may face license points or suspension.
Filing a report is what makes truck companies legally obliged to keep their record for evidence. Without a report, this evidence can disappear.
Defense lawyers and insurers can easily blame you for causing the accident and your own injuries.
Insurance companies can reject your claim because they have a deadline of a maximum of 72 hours to report an accident.
You won’t be able to access commercial insurance policies without a proper initial police report.