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Can Someone Sue If There’s No Police Report?

Loune-Djenia Askew, Esq.

Jan 16, 2026

Yes. A lawsuit or insurance claim can still move forward even if there is no police report. Many people assume that a police report is required to take legal action after a car accident, but that is not always true.

When There Is No Police Report

Police do not always respond to accidents, especially when injuries are not immediately apparent or the crash appears minor. In these situations, drivers often exchange information and leave the scene without law enforcement involvement.


Even without a police report:

  • The other driver can still file a claim against you

  • You can still pursue compensation for injuries or damages

  • Insurance companies can still investigate the accident


Injuries such as whiplash, soft tissue damage, or concussions are sometimes discovered days later. When that happens, the absence of a police report does not prevent a claim from moving forward.


Is a Police Report Helpful?


Yes, a police report can be helpful because it:

  • Documents the scene shortly after the accident

  • Identifies parties involved and witnesses

  • Provides an officer’s observations


However, it is not required for a claim to exist. Legal sources, including Enjuris, note that while a police report can help and may speed up the process, its absence does not stop a claim or lawsuit from proceeding.


What Matters More Than a Police Report

When there is no police report, other evidence becomes more important, such as:

  • Photos or videos of the accident scene

  • Vehicle damage

  • Medical records

  • Witness statements

  • Insurance communications


Final Thoughts

Not having a police report does not mean you are protected from being sued, nor does it mean you lose your right to pursue a claim. Each case depends on the available evidence and the facts surrounding the accident.


If you were involved in an accident without a police report and questions arise later, it’s important to understand your rights and options before making assumptions that could affect your case.


For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.


Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

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