Were you in a car accident but didn’t call the police? You’re not alone. This is a relatively common situation. Maybe the accident didn’t seem serious at the time, or you simply weren’t sure what to do next. Now you’re wondering: can you still file a claim without a police report in West Virginia?
The short answer is yes. That said, there are some essential details you need to understand. This article explains how West Virginia law works, what steps you should take, and how to build a strong claim even without an official report.
Is a Police Report Required After an Accident in West Virginia?
In West Virginia, the law requires drivers to report a crash when someone is injured or killed or if the property damage appears to be over $1,000. This is covered under West Virginia Code §17C-4-6.
You’re expected to notify the local police, sheriff, or West Virginia State Police, depending on the location of the crash. You may face penalties or lose critical legal protections if you fail to report an accident despite being legally required to do so.
What if you didn’t call the police after a crash? The damage may have seemed minor at the time, or you may not have felt hurt until days later. You can still file a claim, but you’ll need strong supporting documentation to optimize your chances of receiving compensation.
Can You File a Car Accident Claim Without a Police Report?
Yes, you can. A police report is helpful but not legally required for every claim. Insurance companies often use police reports to verify facts, assign fault, or determine coverage. They may look at your claim more closely or ask for extra proof of liability if you don’t have one.
Legal claims, including personal injury lawsuits, can also move forward without a police report. However, you’ll need to rely on alternative evidence to show what happened and who was at fault.
The absence of a police report doesn’t stop you from seeking compensation, but it does raise the bar for the evidence you’ll need to provide.
What Evidence Can Support a Claim Without a Police Report?
You need to gather proof of how the accident occurred (and how it affected you) if no police officer documented the incident. Here are some examples of evidence that can help:
- Medical records showing injury diagnosis and treatment.
- Photos or video from the scene, vehicle damage, or road conditions.
- Witness statements and contact information.
- Repair shop estimates or invoices.
- Nearby business or traffic cam footage, if available.
- Journal notes detailing pain, recovery, and missed work.
The more you can document early on, the stronger your case becomes. This is especially important if the other driver disputes fault or your injuries.
In the absence of a police report, courts and insurers will look for other signs of credibility, such as photos, witness accounts, and medical documentation.
Do You Still Need to Report the Crash Elsewhere?
You may still be required to file a written crash report with the West Virginia Division of Motor Vehicles (DMV) if law enforcement doesn’t respond (or if you never called them). This is done using Form SR-1. You must submit it within five days of the accident if there was injury, death, or significant property damage.
Failing to file can result in license suspension or problems when trying to recover compensation later. You can download the required form and instructions from the West Virginia DMV site.
Even if the police didn’t respond, West Virginia law may require you to file a written report with the DMV within five days of the crash.
How Comparative Negligence Affects Your Claim
West Virginia follows a modified comparative fault rule. This means you cannot recover damages from the other party if you are 51% or more at fault for the accident or your injuries. If you’re less than 51% at fault, your compensation will be reduced based on your percentage of fault.
Proving the other driver’s responsibility becomes difficult without a police report. That’s why clear, well-organized evidence is critical.
What to Do If You Didn’t Call the Police
It’s still possible to file a successful claim without police involvement. However, you must act quickly and strategically. Here’s a timeline showing your responsibilities:
Reporting & Claim Timeline in West Virginia
| Timeline | Action Required | Legal/Procedural Reference |
| Immediately | Call police if injuries or major damage involved | WV Code §17C-4-6 |
| Within 5 Days | File Form SR-1 with DMV if no police responded | WV DMV |
| Within 2 Years | File legal claim for personal injury or damages | WV Statute of Limitations (2 years) |
Missing these windows could jeopardize your claim. Speak with an attorney sooner rather than later to understand your options and protect your rights.
The clock starts ticking right after the crash—missing key deadlines can limit your ability to recover compensation.
Frequently Asked Questions
Can I still recover compensation if no police came to the accident scene?
Yes. You’ll need to provide alternative evidence, such as medical records, photos, and witness statements, to support your case.
What if the other driver denies fault without a police report?
Comparative fault rules apply. Without a report, your lawyer must gather other credible proof to establish liability.
Is it illegal to leave the accident scene without calling the police in WV?
If there are injuries or significant damage, yes. You must report the accident or face penalties. You can call 911 if you’re unsure which specific police station or law enforcement office to contact.
Will insurance still cover damages without a report?
Possibly, but expect greater scrutiny from the adjuster. Document everything and notify your insurer promptly.
What legal forms do I need to file if police weren’t involved?
You may need to file a DMV Form SR-1 and consult an attorney to prepare your legal claim properly.
Can my claim be denied just because I didn’t report to the police?
Not automatically. That said, the lack of a police report makes proving fault and damages more difficult, so legal guidance is highly recommended.
Get Help With a West Virginia Car Accident Claim When You Didn’t Get a Police Report
You don’t need a police report to move forward with a car accident claim in West Virginia, but it does mean you’ll need strong evidence and a clear understanding of your legal rights. Knowing what to file, when to act, and how comparative fault laws work can make a big difference in your case.
If you were in an accident and didn’t get a police report, don’t wait to get answers. Manchin Ferretti Injury Law offers free consultations to help you understand your options and protect your claim. Let their team guide you through the process and fight for the compensation you deserve.