The officer never filed the accident report
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed October 6, 2022
Legal Inquiry
Consumer Legal Issue
I was in an accident and went to collect the report from the police department, but staff told me nothing had been filed. The officer had not submitted the case.
Attorney Answer
A missing police report delays a claim but does not defeat it — and the reporting duty was never the officer's alone.
O.C.G.A. § 40-6-273 sets the duty:
The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident…
That duty sits on the driver, not on the investigating officer. So where an officer's paperwork has not been filed, a driver can usually still ensure the accident is on record, and in some circumstances was required to.
For the claim itself, the report is convenient rather than essential. Insurers ask for it because it is a tidy summary, but liability is established by evidence — photographs, witnesses, damage patterns and the drivers' own accounts. Plenty of claims are paid without one.
The practical route is to go back to the department and ask specifically for the report to be completed or for a citizen's report to be filed, and to get the incident number while you are there.
What you can do
1. Return to the department and ask for the report to be filed, or for a driver's own report if that is available. 2. Get the incident or case number, and the name and badge number of the responding officer. 3. Put the request in writing and keep a copy, so there is a record of when you asked. 4. Meanwhile gather what the report would have contained: photographs, witness details, both insurers. 5. Tell your own insurer the report is outstanding so the claim is not held up waiting for it.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
Can a claim proceed without a police report?
Yes. A report is useful evidence but not a requirement. Liability is established by photographs, witnesses, damage and the accounts of those involved.
Whose duty is it to report an accident in Georgia?
O.C.G.A. § 40-6-273 places the duty on the driver involved, where the accident results in injury, death, or property damage to an apparent extent of $500.00 or more.
What should a driver do when a report was never filed?
Return to the law enforcement agency and ask for it to be completed, request the incident number, and make the request in writing so there is a record of it.