Will a case be thrown out becausea police report was not filed?

UPDATED: Dec 15, 2011

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Will a case be thrown out becausea police report was not filed?

I was in an accident 3 months ago and the person that hit me had invalid insurance. When the accident occurred no police report was filed. Will this make it hard for me to get the money from him to get my car fixed?

Asked on December 15, 2011 under Accident Law, Oklahoma


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The facts of the accident will establish which party was at fault regardless of whether or not there was a police report.

Since the at-fault party had invalid insurance, if you have uninsured motorist coverage on your auto insurance policy, you can file a claim with your insurance company and have your insurance company pay for your auto repairs. 

If you don't have uninsured motorist coverage, you will need to sue the at-fault driver for negligence.  Your damages (the amount you are seeking to recover in your lawsuit) will be the cost of repairs to your vehicle.  You will need to mitigate (minimize) damages by having your car repaired at a body shop whose charges are comparable to other body shops in the area.  If you were to select the most expensive auto body shop you could find, your damages would be reduced accordingly.  If you need a rental car while your car is being repaired, you will also need to mitigate damages by selecting a reasonable rental rate.  If you were to select a very expensive rental car, your damages would be reduced accordingly.  Depending on the amount of damage to your car, you might be able to file your lawsuit in Small Claims Court.  In addition to the cost of repairs and the cost of a rental car, your damages should also include court costs which would be the court filing fee and process server charge.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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