Consequences of No Police Report After a Car Accident in Georgia

Consequences of No Police Report After a Car Accident in Georgia

Following a car accident, you may feel like your mind and body are spinning—you and others involved are likely gauging damages and personal injuries, finding a safe place away from traffic, and calling emergency services for police intervention. 

While the aftermath of an auto accident can feel overwhelming, it's critical to file a police report to avoid fines, imprisonment, or license suspension. In Georgia, police reports are often mandatory. They also serve as key documentation for your case — Mighty's AI fetches the police report from law enforcement automatically as part of building your case file.

That’s why we’ve compiled this guide to steer you in the right direction in regards to post-crash procedures and the importance of car accident reports in Georgia.

What Should You Do After A Crash?

If you’re reading this immediately after a car crash, the most important thing to do is stay calm. Then, while you’re still at the scene, take the following steps:

1. Take precautions – If your car is still driveable, pull it off of the road in a safe location. If you think the situation isn’t safe, stay in your car, keep the windows up and doors locked, and call 911. Stay in your car until help arrives. 

2. Call the police – In Georgia, you must call the police and file a report for any accidents where the damages exceed $500. Don’t try to crunch the numbers now—call the police out of an abundance of caution, even if your car appears to be fine. When they arrive, make sure to get each police officer’s name and badge number.

3. Assess and record – Check yourself for injuries and take photos of any if you can. If it’s safe to get out of the car, take a look at the damages, and take pictures of those, too. 

4. Collect information from other drivers – Once it’s safe to do so, ask other drivers for their contact information. Get their insurance policy number and year, tag number, driver’s license number, and other vehicles’ makes, models, years, and colors. 
5. Open your claim – Start the claim process as soon as you can. Mighty's AI handles communications with the insurance company on your behalf, so you don't have to worry about saying something that weakens your case. Mighty's AI also tracks the Georgia statute of limitations automatically.

Do You Have To Call The Police After An Accident In Georgia?

For some, getting law enforcement involved in a car accident case can be uncomfortable. 

But, if you think that in a Georgia car accident no police report is required, you’re mistaken. In other words, you’re required by Georgia law to report any accidents that result in a death or injury or incidents that have damages valued at more than $500 or more. 

That said, when on the car accident scene, it can be difficult to gauge the exact cost of the damages. As such, it’s always recommended to call the police (or 911, if the situation is unsafe or if you’re badly injured) as soon as you can to file a police report and avoid any potential legal consequences of not filing a report.

Failure to file a car accident report may result in fines of up to $1,000, jail time, or suspension of your license. If the car crash was your fault, driving away without filing a report may also result in the victim claiming compensation for a hit-and-run case. If you were wondering, is Georgia a no fault state, the answer is no. This is why it is important to file a car accident report immediately— because it can prove liability.

How Long Do You Have To File A Police Report After A Car Accident In Georgia?

Georgia law is unclear about how much time you have after the auto accident to file a police report. 

But, to protect your best interests (especially concerning insurance payouts) and promote your safety on the scene after an accident, you should call the police as soon as it’s safe to do so. 

Also, don’t forget to ask the police officer involved where to find a copy of your police report once it’s on file. This is important information to have on hand once you give your statement to your insurance company during the claims process.

Can You File An Insurance Claim Without A Police Report In Georgia?

Filing a police report is often legally mandatory in Georgia, but it also strengthens your insurance claim. Technically, you can open an insurance claim without a police report in Georgia — not all claims arise from accidents (it probably doesn't make sense to call the police before opening a claim for hail damage, for example).

But for accidents (especially ones involving another driver), filing a police report is almost always the right call. Reasons include:

• When the insurance company asks for your statement of how the accident happened, your account can be verified by a third party — the police
• Insurance companies see police as credible witnesses to the aftermath of accidents
• Following proper protocols strengthens your position with insurance adjusters who might otherwise hesitate to compensate fairly

Mighty's AI gathers the police report as part of building your case file and uses it to support negotiations with the insurance company. Learn more about the average settlement for car accidents in Georgia.

How Long Do I Have To File A Georgia DMV Accident Report?

There is no requirement to report to the DMV, but Georgia law requires drivers to report most motor vehicle accidents to the police.

You are legally obligated to report an accident to the police within ten days if any of the following conditions apply:

• there is any injury or death;
• there is property damage is $500 or more;
• the accident involves a hit-and-run driver;
• the accident occurred on a state highway;
• the accident involves a commercial vehicle.

You can a police report either at the scene or at a local police station.

Should You Hire a Lawyer for Your Georgia Car Accident Claim?

Open the claim — but use Mighty to do it. Mighty's AI builds your case file, opens your claim with the insurance company, negotiates a settlement for you to approve, and routes you your payment if the offer is fair. For most accident claims, that's all you need — and you keep 100% of your settlement.

Only hire a lawyer when you need one, which is rarely in the first month or two after an accident. Waiting has two big advantages. First, you may not need one at all, in which case avoiding their fees leaves you with 33% to 40% more of your settlement. Even if you do need one, waiting until you have more information about your case — including an offer from insurance — gives you leverage to negotiate the lawyer's fee down from the standard rate.

A lawyer is genuinely necessary when injuries are serious, liability is disputed, multiple parties are involved, or the insurance company refuses to engage. For those cases, Mighty's marketplace helps to match you with a vetted lawyer who only gets paid on the increase to your existing offer.

Sources

Insurance Information Institute. What to Do at the Scene of an Accident. https://www.iii.org/article/scene-accident 

Georgia General Assembly. O.C.G.A. § 40-6-273. https://advance.lexis.com/api/document/collection/statutes-legislation/id/6348-FY71-DYB7-W2V1-00008-00?cite=O.C.G.A.%20%C2%A7%2040-6-273&context=1000516