Filing a Late Police Report When Fault Is Disputed

Attorney Answer

Yes — you can generally still make a report to the police after the fact, and it is usually worth doing. Be clear about what it does, though: a report records an account and preserves the incident. It does not decide fault, and the other driver's insurer is not bound by it or by your own insurer's conclusion.

Cal. Veh. Code § 21703 is the rule the other driver has to answer for: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway." Cal. Civ. Code § 1714(a) makes a driver responsible for an injury occasioned to another by a want of ordinary care in the management of his or her property or person. Rear-end fault is not automatic — a sudden and unexplained stop, a chain collision in which a third vehicle pushed the car behind, or a disputed lane change can all change the analysis — but a driver who strikes the car in front starts from a difficult position. California is also a pure comparative fault state, so even if some share of the blame were assigned to your wife it would reduce the recovery in proportion rather than bar the claim; the California Supreme Court reaffirmed and applied that system in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978).

Leaving the scene has its own rule. Cal. Veh. Code § 20002(a) requires a driver involved in an accident resulting only in damage to property, including vehicles, to stop immediately at the nearest location that will not impede traffic, and then to identify themselves as the section describes; a violation is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. If information was exchanged before he drove off, that duty was probably met. If nothing was given, it was not.

Your leverage on the insurer is in the claims regulations. Under Cal. Code Regs. tit. 10, § 2695.5(b), an insurer must give a claimant a complete response to a communication within fifteen calendar days. Under § 2695.7(b), it must accept or deny the claim, in whole or in part, within forty calendar days of receiving proof of claim, and an insurer that disputes liability on a third-party claim must do so in writing. Under § 2695.7(c)(1), if it needs more time it must say so in writing inside that window and then every thirty calendar days. Section 2695.7(d) requires a thorough, fair and objective investigation, and § 2695.7(b)(3) requires a written denial to tell you that you may have the matter reviewed by the California Department of Insurance and to give that unit's address and telephone number.

What you can do

1. Ask the police agency for the area where the crash happened to take a report now, and get the report or incident number.

2. Send the other driver's insurer your evidence in writing — photographs of both vehicles, the damage pattern, the information exchanged at the scene, and any witness details — and ask for a written liability decision.

3. Note the date it received your proof of claim, so the forty-day period runs from a date you both know.

4. Let your own collision coverage pay while the dispute continues, if you carry it. Cal. Code Regs. tit. 10, § 2695.7(p) requires your insurer to tell you whether it will pursue subrogation, and § 2695.7(q) requires it to include your deductible in its demand and share what it recovers with you proportionately.

5. If the other insurer misses those timelines, or will not put its position in writing, file a complaint with the California Department of Insurance.

6. Have your wife seen by a doctor if she has any symptoms at all, and keep the records. Neck and back symptoms from a rear-end impact often appear days later.

7. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for injury to a person runs under Cal. Code Civ. Proc. § 335.1, which allows two years, and a claim for damage to the vehicle under Cal. Code Civ. Proc. § 338(c)(1), which allows three. The injury period is the shorter of the two and the one people miss. When each began depends on your facts, so have a local attorney check the dates against your own file rather than relying on a general rule. Separate from any claim deadline, California also required the driver of your vehicle — here, your wife — to report the crash to the DMV on form SR-1 within 10 days if anyone was hurt or any one person's property damage exceeded $1,000; the duty applies regardless of fault and whether or not police attended (Cal. Veh. Code § 16000(a)). If a threshold was met and that report was never filed, have her raise it with the lawyer or the DMV now — an unfiled report can lead to a license suspension.