The moments immediately following a car accident can leave you feeling overwhelmed, shaken, and confused about what to do next. Even a minor car accident can raise questions about whether you should call the police and report the accident, particularly if there were no injuries involved and only minimal property damage. When in doubt, you should always report the accident, as it creates an official record, satisfies the Department of Motor Vehicles (DMV) regulations, and provides you with the evidence you need to handle an insurance claim. If you are involved in a car accident in Virginia and you have questions about whether you need to report the accident, it is highly recommended that you contact an experienced car accident lawyer at your earliest convenience.
When Is a Car Accident Report Required in Virginia?
According to Virginia law, there are certain situations where drivers are legally required to stop, exchange information, and notify the authorities about the accident, including the following:
- Virginia Code § 46.2-371. This requires drivers involved in an accident that causes injury or death to immediately notify a law enforcement officer. This applies even if the crash initially appears to be minor.
- Virginia Code § 46.2-373. If a driver is involved in a car accident that results in injuries or fatalities, or causes damage to a vehicle or other attended property, a driver must stop at the scene and exchange information with the other motorist involved, and provide reasonable assistance to anyone who is injured.
Ultimately, you should contact law enforcement after a car accident if the following apply:
- Someone is injured or killed
- A driver, passenger, pedestrian, or cyclist needs immediate medical attention
- You damage another vehicle or property while the owner or another responsible person is present
- You cannot locate the owner of a damaged vehicle or other property
- You suspect a driver is uninsured or the circumstances make it difficult to exchange information safely
- You and the other motorist disagree about what happened, the other motorist fled the scene, or you suspect that the other driver was impaired
Do You Need to Call the Police for a Minor Accident?
In Virginia, you are not legally required to notify police after a minor car accident. For example, if there are zero injuries and the total property damage is well below $1,500, you are legally permitted to exchange information with the other driver and handle it privately without calling the police. However, even if a minor car accident falls below the legal reporting threshold, contacting the non-emergency police line will provide you with the following protections:
- Protection against changing stories. It is not uncommon for drivers to agree at the scene that the accident was minor, only to change their story and suggest that you are at fault after talking to their insurance company. A police report creates an official, objective record of the date and time of the accident, as well as the statements made at the scene.
- Virginia’s strict contributory negligence rule. Virginia is one of the few states that follows the “pure contributory negligence” rule, which states that if you are found to be even 1% at fault, you may be prohibited from recovering any compensation. Having an official police report helps protect your legal rights if fault is disputed.
Do You Have to Report the Accident to the DMV?
n most cases, you do not have to file a separate accident report with the Virginia DMV if a police officer submits an official police report. However, depending on the specific circumstances of the accident, you may need to take additional steps. For example, if the other motorist was uninsured, or a police officer does not investigate the crash, you may need to submit a written report to the DMV.
How Do You Get a Car Accident Report in Virginia Beach?
If you need to obtain a car accident report in Virginia Beach, you can request it through the Virginia Department of Motor Vehicles (DMV) or contact the Virginia Beach Police Department (VBPD) based on the type of report you need. For an official crash report, the DMV is generally the appropriate starting point. The police department can help with other records related to the incident.
- Request an accident report through the Virginia DMV. Visit the official police crash report page at www.dmv.virginia.gov/records/request-police-crash-report for instructions and the required request form. You will need to provide the crash date, time, location, and your role in the accident, as well as your driver’s license number. The cost for the report is $8, and you can submit your request by mail, fax, or in person at a DMV customer service center.
- Request a report from Virginia Beach Police. If you need a related police incident report, or want to check on a report handled by local officers, contact the Virginia Beach Police Department.
– Online: Use the Virginia Beach police report request page at https://police.virginiabeach.gov/services/filing-and-requesting-police-reports.
– For reports from December 2022 onward: Submit a request through the department’s Freedom of Information Act(FOIA) request center at https://police.virginiabeach.gov/public-affairs-office/foia.
– Phone: Call 757-385-4141 for general department inquiries.
– Address: 2405 Courthouse Drive, Virginia Beach, VA 23456.
When Should You Notify Your Insurance Company?
It is highly recommended that you notify your insurance company as soon as possible after a car accident, ideally within 24 to 72 hours. However, when discussing the details of the accident with your insurer, you must keep the following in mind:
- Stick to the facts. Only provide the date, time, and location of the accident, the vehicles involved, and basic details. Avoid speculating or saying anything that could be interpreted as admitting fault. The insurer may use this against you and deny your claim or make a lowball offer.
- Do not rush personal injury statements. If the insurer asks if you were injured, but you are not sure, say that you are still being evaluated by medical professionals. Certain injuries, including whiplash, concussions, and other head injuries, can take 24 to 48 hours or more for symptoms to appear.
- Notify your own insurance company even if you are not at fault. You should notify your insurer even if the other driver caused the accident. This will protect you if the other driver is uninsured or underinsured, or if liability becomes disputed.
What Happens if You Do Not Report a Car Accident?
If you fail to report a car accident in Virginia, you could face serious legal consequences, including the following:
- Property damage under $1,000. This is considered a Class 1 misdemeanor. Potential penalties include up to 12 months in jail and fines up to $2,500.
- Property damage over $1,000. This is considered a Class 5 felony. Potential penalties include one to 10 years in prison, up to $2,500 in fines, and license revocation.
- Injuries or fatalities involved. This is considered a Class 5 felony. Potential penalties include one to 10 years in prison, heavy fines, and driver’s license revocation.
How a Virginia Beach Car Accident Lawyer Can Help
After a serious collision, a car accident lawyer can help you understand your rights and determine what steps may be necessary to protect your claim. The following are additional ways a car accident lawyer can assist you:
- Explain your legal duties after the crash and identify any reporting concerns
- Gather police reports, photographs, witness statements, and other evidence
- Review medical records and expenses to assess the harm caused by the accident
- Communicate with insurance companies and respond to disputes about fault
- Identify potentially responsible parties and available sources of compensation
- Explain applicable deadlines and help you decide how to proceed
Frequently Asked Questions (FAQs):
Do I have to report an accident if nobody was hurt?
Even if there were no injuries involved, you may still need to report the accident if there was significant property damage. The key factors to consider are the amount of property damage, whether the vehicles can be moved safely, and whether the crash warrants notifying law enforcement.
What if the police did not come to the scene?
If a police officer does not come to the accident scene, you may still file a claim and seek compensation for your injuries and property damage. However, there are additional steps you may need to take to document the accident, including taking pictures of the accident scene, exchanging information with the other driver, getting contact information from witnesses, and considering contacting an experienced car accident lawyer.
Can I get a copy of the report later?
If you did not get a copy of the accident report at the scene, you can request a copy from the Virginia DMV, even after some time has passed. Car accident reports are generally maintained for at least 36 months from the date of the crash.
An Experienced Virginia Beach Car Accident Lawyer at Anchor Legal ® Assists Clients With Questions and Concerns About Their Car Accident Claims
If you were injured in a car accident and you have questions about whether you need to report the accident, do not hesitate to contact a Virginia Beach car accident lawyer at Anchor Legal ®. We will address all of your questions, help you navigate the claims process, and pursue the maximum financial compensation you deserve. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, Virginia, we proudly serve clients in the surrounding areas.