Can someone sue for damages from an auto accident if they did not file a police report?

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Can someone sue for damages from an auto accident if they did not file a police report?

Asked on January 26, 2016 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes. While a police report can be very helpful, and sometimes, a failure to file one can be used to weaken a lawsuit by casting doubt on the extent or fact of the alleged accident (e.g. if there was a legitimate accident and damage, why wouldn't the damaged party file a police report? it is suspicious in some cases if someone does not file a report), there is no actual requirement to file one to be able to sue. A civil lawsuit does not depend upon whether a report was filed with the police or some complaint made to them.


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