Can You File an Insurance Claim Without a Police Report?

Yes, you can file an insurance claim without a police report in Illinois, but it’s rarely ideal. A report often serves as a valuable tool in a car accident case, providing an official record that helps establish what happened. While Illinois law doesn’t require a police report in every crash, filing a claim without one can complicate things.

Still, if you’ve been in a car accident in Chicago and, for any reason, didn’t file a police report, it doesn’t mean you’ve lost the right to seek compensation. Whether you’re dealing with your own insurer or the other driver’s insurance company, this article will walk you through what to do, what evidence to gather, and how a Chicago car insurance claim attorney can help.

Why a Police Report is Beneficial for Your Car Accident Claim

Filing a police report is one of the most important steps in a car accident claim. While it’s not required to file an insurance claim, it carries weight with insurance companies, lawyers, and courts because it’s considered an objective, third-party account.

Here are some of the benefits police reports provide:

• Establishes the date, time, and location of the crash
• Identifies the parties involved, including license plate numbers and vehicle descriptions
• Often includes witness statements
• May offer a preliminary assessment of fault (though not legally binding)
• Can document visible injuries or property damage
• May note traffic citations or signs of driver impairment

While police reports don’t automatically determine liability, they offer a starting point for proving who was responsible.

When Should You Always Call the Police After a Car Accident?

There are situations in Illinois where calling the police is not only smart — it’s legally required. Under 625 ILCS 5/11-401, drivers must stop and notify law enforcement immediately if an accident results in injury or death.

Additionally, 625 ILCS 5/11-408 requires a written accident report to be filed with the Illinois Department of Transportation within 10 days if property damage exceeds $1,500 (or $500 if any involved vehicle was uninsured).

Failing to report the accident in these situations can lead to penalties, including fines or suspension of your driver’s license.

Additional reasons to call the police include:

• The at-fault driver is uninsured, aggressive, or refuses to provide insurance details
• You suspect the other driver is under the influence
• A vehicle is blocking traffic or roadways
• There is significant vehicle damage, even if injuries aren’t obvious

If the crash occurs in Chicago city limits, the Chicago Police Department (CPD) can be contacted via 911 or by visiting a local police station if you later realize a report is needed.

What If the Police Refused to File a Report?

Sometimes, drivers do the right thing by calling the police after an accident, only to be told by dispatch that an officer won’t be sent, usually because no injuries are reported, or the damage seems minor.

If the Chicago Police Department declines to respond or file a report, you can still protect yourself:

• File a self-report with the Illinois Department of Transportation (IDOT) using Form SR-1.
• Go to the nearest Chicago police station to request a desk report (sometimes possible for minor crashes).
• Be proactive in documenting everything: photos, videos, witness names, and a detailed written account.

Having a paper trail — even if it’s not an official accident report — shows that you took responsible steps and may help strengthen your insurance claim or lawsuit.

Filing an Insurance Claim Without a Police Report

If you were in a minor accident and didn’t call the police, or if law enforcement was unavailable due to a non-emergency, you can still file an insurance claim if you don’t have a police report. Here’s how to proceed:

• Notify your insurance company as soon as possible after the accident.
• Provide all available accident details: date, time, location, and a description of how the crash happened.
• Explain why there is no report (e.g., non-injury, low damage, no police officer responded).

Expect more questions. The lack of a report may lead to a longer or more skeptical investigation by the insurance company. Some insurers require a statement or additional documentation to verify your version of events, especially if you’re seeking vehicle repairs, medical bills, or loss of income.

Gathering Evidence at the Accident Scene

If police aren’t called or don’t respond, you must gather your own evidence. Without a police report, it’s up to you to create a strong factual record of the incident.

If you’re physically able, try to take wide shots of the accident scene in addition to close-ups. Capture the layout of the intersection, street signs, traffic lights, and skid marks. If there are nearby businesses or traffic cams, make a note — your attorney may be able to request surveillance footage before it’s erased.

Also, consider recording a quick video statement of what happened immediately after the crash. This real-time account can be compelling if your memory fades or if there’s a dispute later.

This information can be used to build a compelling accident claim, especially when a police officer didn’t file a report.

Proving Fault Without a Police Auto Accident Report

Without a police report, proving fault becomes more difficult, but not impossible. In Illinois, the burden of proof in a car accident claim falls on the person seeking damages. You’ll need to demonstrate that the other driver caused the crash through negligent or reckless behavior.

Evidence that can help includes:

• Photographs of the accident scene and the vehicles involved
• Witness statements (written or recorded)
• Vehicle damage consistent with a certain type of crash (e.g., rear-end)
• Medical records showing injuries consistent with the crash impact
• Your own detailed, written account of the crash while it’s still fresh

An experienced Chicago attorney can help you assemble this evidence and work with experts if needed to establish fault.

Dealing with Insurance Companies Without a Police Accident Report

Insurance companies rely on police involvement to quickly assess what happened. Without a report, you may face delays, extra scrutiny, or even a denied insurance claim.

Common insurance company tactics include:

• Claiming there’s insufficient proof of the accident
• Arguing that the damage was pre-existing
• Disputing who caused the crash
• Offering low settlements to resolve disputes quickly

These tactics are especially common when there’s no police documentation to support your version of events. If you’re facing pushback from the driver’s insurance company or even your own insurer, it’s a good time to contact a lawyer.

Can the Other Driver’s Insurance Deny the Claim?

Yes — the other driver’s insurance company can deny your claim, even if you had a police report. That said, lacking a report may give them more room to question liability or the severity of your losses.

Illinois uses a comparative negligence system under 735 ILCS 5/2-1116, which means that if you’re found to be more than 50% at fault for the crash, you may not recover damages. This makes it all the more important to document your claim carefully and, if needed, bring in an attorney.

How a Chicago Car Accident Attorney Can Help

If you’re trying to file a claim and you don’t have a police report, hiring a car accident attorney in Chicago can be a critical move. We can:

• Investigate the crash independently using photos, witness interviews, and vehicle damage analysis
• Obtain surveillance footage (e.g., from nearby businesses or CTA transit cams)
• Review your insurance policies and contact insurance companies on your behal, and handle negotiations
• Assist in filing a lawsuit if your claim is undervalued or wrongfully denied
• Protect you from having your words used against you in the claims process

At Rosenfeld Injury Lawyers, we’re experienced in handling complex claims, including cases where there’s no report to lean on. We know how to build a solid foundation from photos, witness interviews, and your own documentation. Don’t let the lack of a report discourage you from taking action.

Let Us Protect Your Legal Rights!

If you were in a car accident in Chicago and don’t have a police report, don’t give up. You may still be able to recover compensation for your medical expenses, lost wages, vehicle repairs, and more.

At Rosenfeld Injury Lawyers, we understand how to build strong cases with the evidence at hand. We offer a free case evaluation, and we work on a contingency fee basis, so you never pay out of pocket. Call our legal team at (888) 424-5757 or fill out our online form to take legal action today.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.