How to File a Police Report After a Richmond Car Crash

In most types of car accidents, someone calls the police to notify them that there has been an accident. In Virginia, drivers have a duty to contact the police when someone dies, there is an injury, or there is property damage. There are some situations where the police are not called even though someone was injured. These situations include accidents where a hit-and-run driver flees the scene of an accident, or both drivers are severely injured and someone contacts local ambulance services before calling the police. There may be other situations where a driver fails to call the police.

The police are called to investigate

If someone does contact the local police, the police will take steps to secure the car accident site, so other accidents do not occur. They can arrange for emergency medical service. The police also conduct an investigation to determine if there should be any citations. Law enforcement officers can obtain everyone’s contact, driving, registration, and insurance information. After the police complete their investigation, they will file a formal written police report with the Virginia Department of Motor Vehicles.

Our Richmond car accident lawyers obtain police reports from the local police department or from the Virginia Department of Motor Vehicles. Generally, your lawyer, you, anyone who suffered injuries (including pedestrians), passengers, and car owners can request a copy of the police report by including the following information in writing:

• The person’s involvement in the claim, such as the attorney for personal injury victims
• The location of the crash
• The time and date of the accident
• The driver’s name, if you or the client is not the driver
• The driver’s license number if they were involved in the crash

There is a small fee to obtain the report.

Our Richmond personal injury lawyers will use the report to obtain the identities and addresses of the possible defendants, to identify their insurance companies, and review all other information about the report that the police officer provided. We can review the report. If necessary, we will arrange to speak to the investigating police officer.

The duty of drivers to provide notice of accidents

Virginia requires that:

The driver of any vehicle involved in any accident resulting in injury to or death of any person, or some person acting for him, shall immediately give notice of the accident to a law-enforcement officer. A willful failure to make the report required in this section shall constitute a Class 4 misdemeanor.

Drivers may file a written report with the Commissioner of the Virginia Department of Motor Vehicles (DMV) on a form that the DMV provides if the driver is:

• Involved in an accident where someone dies, suffers injuries, or there is property damage, or
• There is reason to believe a motor vehicle involved in the accident did not have liability insurance coverage.

The Commissioner can require that any owner of a vehicle, where there is a claim that there is not insurance coverage, provide certification of insurance or an appropriate bond, subject to certain requirements.

Virginia also requires that law-enforcement officers who are called to the scene of the accident file their report (if there is a death, injury, or property damage in the amount of $1,500 or more) within 24 hours after finishing their investigation with the Department of Motor Vehicles. The officer’s reports should include information about the speed of the vehicles, the types of vehicles, and whether any trucks in the accident were insured or not insured.

The duty to stop and provide assistance

Virginia law also requires that drivers who are involved in a vehicle accident in which someone is injured or killed or where there is property damage (to a car or other attended property) shall “immediately stop as close to the scene of the accident as possible without obstructing traffic…and report his name, address, driver’s license number, and vehicle registration number forthwith to:

• The Virginia Commonwealth Police or a local law enforcement agency
• To the person struck and injured if such person appears to be capable of understanding and retaining the information, or
• To the driver or some other occupant of the vehicle that the driver collided with, or
• To the custodian of other damaged property.”

Drivers must also provide reasonable assistance, including taking the injured person to a doctor, surgeon, or hospital – if it is clear medical transport is necessary – or is requested. Generally, the Virginia DMV recommends calling 911 so they can arrange for medical assistance.

At Phelan Petty Injury Lawyers, our lawyers will explain if you need to file a car accident police report and, if so, how to fill out that report. We regularly obtain police reports from the Virginia DMV after car accidents. Our lawyers have decades of experience fighting for car accident victims and for the families of loved ones tragically killed in car accidents in Richmond and throughout Virginia. Call us or fill out our contact form today to schedule a free consultation.