Do I Need a Police Report To File a Claim for a Car Accident in Virginia?

 Posted on December 25, 2025 in Car & Truck Accidents

As of December 2025, Virginia law still allows car accident claims to move forward even without a police report. You just need to have other evidence to support the claim. This issue comes up often after crashes on local roads or on busy highways like Route 340.

If you have concerns about the validity of your claim, our Boyce, VA car accident lawyers can help. Insurance companies often rely on police reports when deciding fault and reviewing claims. However, that report is typically not the only form of evidence available.

When Does Virginia Law Require a Police Report After a Crash?

Virginia law does not require drivers to call the police after every accident. Police should be contacted if the crash involves injuries, a death, or damage to another vehicle or property where the owner cannot be located. If police do not investigate the crash, Virginia law may require a written report to the Department of Motor Vehicles when the accident involves injury, death, or qualifying property damage.

Additionally, Virginia Code § 46.2-894 requires drivers involved in accidents with injury or damage to stop and provide information. Law enforcement is typically notified in these situations. Ultimately, this means many serious accidents will already have a police report. Minor crashes may not.

Can I File an Insurance Claim Without a Police Report in Virginia?

Virginia law does not require a police report to file an insurance claim. Insurance companies can review claims based on other evidence. However, police reports provide a neutral summary of what happened. They often include details about the location, time, weather, and statements by drivers and witnesses.

Insurance companies rely heavily on police reports to help determine who caused the accident. In Virginia, this matters more than in most states. Virginia follows a strict contributory negligence rule. This means if you're found even one percent at fault, you may be barred from recovering any compensation. A police report isn't the final word on fault, but it often shapes how an insurance company views your claim from the start.

What Other Evidence Can Support a Claim Without a Police Report?

Common types of supporting evidence for a car accident claim include:

• Photos or videos of vehicle damage and the accident scene

• Statements from witnesses who saw the crash

• Medical records linking injuries to the accident

• Repair estimates or vehicle inspection reports

Strong documentation can help fill the gap when no police report is available.

Will Not Having a Police Report Delay My Claim?

Filing a claim without a police report can cause delays. Insurance companies may take longer to investigate claims without a police report. They may request more information or conduct their own review. However, delays do not mean your claim lacks merit. They just mean the insurer is looking for clarity before making a decision.

What if the Other Driver Refused To Call the Police in a Virginia Car Accident?

Sometimes drivers agree not to call the police at the scene. Maybe the damage looked minor, or everyone seemed fine at the time. This agreement doesn't prevent you from filing a claim later. If injuries show up hours or days after the accident, or if damage turns out to be more serious than it first appeared, you can still report the crash.

Virginia law allows you to file a report after the fact in many situations. Prompt medical care and thorough documentation become especially important when you delay reporting. An attorney can review your specific circumstances and help you decide what steps to take next. They can also explain how the timing might affect your claim.

Schedule a Free Consultation With Our Winchester, VA Car Accident Attorneys

At Parthemos, Curran, Buelow and Polizzi, PLLC, we offer aggressive, personal representation to injury victims. We will not take any case we are not willing to fight for in court. With more than 120 years of combined experience, our team understands how to build strong claims, even when challenges arise. If you were injured in a crash, call our Boyce, VA car accident lawyers at 540-662-4222 to schedule your free consultation today.