When to Call the Police from the Scene of Accident

The moments following a car accident are stressful and can be a blur. There will be property damage and there may even be injuries involved. But when should the police become involved? Connell & Curley want you to be prepared for whatever happens so that if you are in an auto accident, you will be able to make the right decision in those critical moments.

Why Is It Important to Call the Police?

Massachusetts is a "pure no-fault" state, which means that each driver's personal injury protection (PIP) insurance will cover their own medical expenses, regardless of who was at fault for the accident. However, the police report is still important for determining fault for property damage and for other purposes, such as filing insurance claims.

Here are the specific requirements for reporting a car accident in Massachusetts:

• If the accident involves any injuries, you must call the police immediately.
• If the accident does not involve any injuries, but there is more than $1,000 in property damage, you must report the accident to the police within 15 days.
• If you are unsure whether or not you are required to report the accident, you should err on the side of caution and call the police.

Failure to report a car accident in Massachusetts could result in a fine of up to $1,000 and/or a suspension of your driver's license.

Should I File My Own Police Report?

Even though it’s important to call the police for an official report, filing your own police report after a vehicular accident in Massachusetts can be beneficial for several reasons:

1. Insurance documentation: Your personal report can provide additional details or perspectives not captured in the official police report. This can be useful when dealing with your insurance company and ensuring that all relevant information is considered in your claim.
2. Clarity and accuracy: Sometimes, the official police report might lack certain details or misinterpret the incident. Filing your report can help ensure accuracy and clarity about what transpired during the accident.
3. Personal records: Your report can serve as a personal record of the incident. This can be especially helpful if there are discrepancies between your account and the official report, providing you with a documented version of events.
4. Support in legal proceedings: If the accident leads to legal proceedings, having your own documented report can offer additional evidence to support your case and provide a comprehensive view of the incident.
5. Timeliness: In some cases, the official police report might take time to be available. Filing your own report ensures that you have immediate documentation that you can provide to your insurance company or legal representation.

Filing your own report can serve as an additional layer of personal documentation, providing a more comprehensive view of the accident from your perspective.

Dealing with Insurance and Legal Matters

It's important to be thorough and meticulous in managing the aftermath to protect your interests. Follow these tips:

1. Insurance Notifications: Promptly inform your insurance company about the accident, regardless of fault. Delay in notification might affect your coverage or claim processing.
2. Documentation: Gather as much information as possible. This includes the other driver's details, witness information, photos of the scene, and any relevant documentation (like the official police report).
3. Medical Evaluation: Even if you don't feel injured immediately, seek a medical evaluation. Some injuries might manifest later, and having medical records can be crucial for insurance claims or legal proceedings.
4. Legal Consultation: Consider seeking legal advice, especially if the accident involves significant damage, injuries, or if fault is disputed. A legal professional can guide you through the process and protect your rights.
5. Avoid Admitting Fault: Avoid discussing fault or apologizing at the accident scene. Admissions could impact your insurance claim or legal liability.
6. Review Insurance Coverage: Understand your insurance coverage thoroughly. This includes liability limits, collision coverage, and any additional protection you might have.
7. Claims Process: Follow the procedures outlined by your insurance company when filing a claim. Provide accurate and detailed information about the accident.
8. Statute of Limitations: Be aware of the time limit to file a lawsuit if necessary. States have different statutes of limitations, and failing to file within this period can prevent legal action.
9. Settlement Offers: Be cautious when accepting settlements from insurance companies. Consulting with a legal professional can help assess whether the offer is fair and covers all your damages.
10. Preserve Evidence: Keep all documents, receipts, and evidence related to the accident. This includes medical bills, repair estimates, and any correspondence with insurance companies or legal representatives.

What About Fender-Bender Accidents with no Injuries?

In Massachusetts, you are not legally required to call the police if there is no significant damage or injuries in a fender bender. However, it is still a good idea to do so, even if the accident seems minor. Here are some reasons why:

• An official police report can be helpful for insurance purposes. If you file a police report, it will document the accident and provide an objective account of what happened. This can be helpful if you need to file an insurance claim.
• A police officer can help to ensure that the scene is safe. If there is any damage to the vehicles or property, a police officer can help to make sure that the scene is safe and that there is no further danger.
• A police officer can mediate a dispute. If there is any disagreement between the parties involved in the accident, a police officer can help to mediate the dispute and reach a fair resolution.
• A police officer can investigate the accident if there is any suspicion of wrongdoing. If there is any suspicion that one of the drivers was intoxicated or driving recklessly, a police officer can investigate the accident and determine if any charges should be filed.

In general, it is always better to err on the side of caution and call the police after a fender bender, even if it seems minor. This will help to protect your rights and ensure that the accident is handled properly.

The Bottom Line

You should always call the police in an accident if there are injuries, significant property damage, a hit and run, suspicion of intoxication by the other driver, disputes, or uncertainty about liability. In cases where the other party is uncooperative or hostile, involving the police can help defuse the situation and ensure proper documentation. When in doubt, contacting law enforcement is a prudent step to navigate the aftermath of an accident and ensure a proper response.

Connell & Curley Insurance Agency Inc. can provide you with valuable information in the aftermath of a car accident and help you navigate the landscape of insurance claims. If you are involved in a crash, give us a call at (508) 470-0053. We will make sure you are in full compliance and give the best possible advice for filing your claim and satisfying the requirements of the law.