No two accidents are the same, but there are some familiar patterns informed by decades of experience assisting accident victims. One pattern is the sudden, unexpected nature of accidents, especially car accidents. In a single blink of an eye, an entire life can change. It’s only natural in those moments to concern yourself with your health, safety, and wellbeing.
But there’s also a need—often an immediate one—to report the accident to authorities. Laws in various states require those involved in accidents, whether they were a negligent driver, innocent victim, or otherwise present and contributing to the accident, to report the accident to police immediately. So what happens if you don’t report a car accident within 24 hours?
Unfortunately there’s no one answer to this question. Various details, from the accident itself to the insurance companies behind the scenes, all affect how the failure to report within 24 hours can impact a potential auto accident claim. Here, we’ll explore the reporting requirements of a few states in the Southeastern United States, what can happen if you don’t report within 24 hours, and how you can best protect yourself if you report an accident later than 24 hours.
States Require “Immediate” Reporting
Rather than specifying an exact time frame within which a person must report an accident to police, many states require that a person report the accident immediately. They may also specify that it should be done by the quickest means possible. At first, the immediate reporting requirement may seem clear enough.
But, how immediate is immediate? Absent a specific time frame, attorneys, judges, and juries attempt to answer that question depending on the facts of a specific case. Consider an accident that leaves multiple drivers injured and incapacitated. If the law required them to report within 24 hours, but they were unconscious during that time, it might result in unfair outcomes. With those facts, it might be left to jurors or a judge to determine when the law would require the drivers to report the accident. To better understand this, we’ll review various state laws requiring accident reporting and when a report is no longer considered immediate.
Georgia Requires Immediate Reports
O.C.G.A. § 40-6-273 requires drivers involved in accidents that result in injury, death, or property damage of $500 or more to “immediately, by quickest means of communication” notify the police of the accident. Drivers should either report it to the nearest municipal police station if the accident occurs in a Georgia city or town, or report it to the nearest county sheriff or state patrol office.
Georgia courts haven’t provided a specific timeframe that satisfies the immediate notice requirement, instead leaving the question of what is “immediate”open for determination on a case by case basis. That said, some courts have found that reporting an accident four days later was not immediate enough.
Florida’s “Forthwith” Requirement
Florida has a reporting requirement that functions somewhat similarly to Georgia’s. According to Chapter 316, Section 065 of the Florida Code, drivers must “immediately by the quickest means of communication” notify police if they are involved in an accident causing injury, death, or apparent damage of $500 or more.
Alabama Also Requires Immediate Reports
Like its peers to the south and east, Alabama requires immediate reporting to police for most accidents. Alabama Code Section 32-10-5 requires that a driver of any car involved in an accident that causes injury or death to “immediately by the quickest means of communication” notify police. Like Georgia, this can be to the local police department if the accident was in a municipality, or to the county sheriff or state highway patrol if outside a municipality.
If the accident does not cause an injury but does involve property damage, the driver does not necessarily have a duty to notify police but they must stay at the scene of the accident. The driver must remain there in accordance with Section 32-10-2 of the Alabama Code which requires them to provide their name, address, and their car’s registration number.
Tennessee Requires Immediate Reporting For Most Accidents
Tennessee, like its counterparts across the south, requires immediate reporting. Their statute, Tenn. Code. Ann. § 55-10-106, requires a driver to “immediately, by the quickest means of communication,” notify police of an accident that results in injury, death, or property damage of $50 or more. Since most car accidents result in damage of $50 or more, it’s reasonable to assume that most accidents require Tennessee drivers to report an accident to the police.
The immediacy required by Tennessee law, like many other states, depends on the specific circumstances of each case. In one instance, reporting the next day was not immediate enough, when the driver was also accused of a DUI. Tennessee also requires drivers, within 20 days of the accident, to forward a written report to the Department of Safety under Tenn. Code Ann. § 55-10-107. This applies if the accident caused injury or death or damage in excess of $1,500.
What Happens If You Report a Car Accident After 24 Hours?
If you don’t report an accident within 24 hours, you should still attempt to report it to the police as soon as possible. If you report an accident after 24 hours, it could potentially result in you being ticketed for failure to report and complicate a subsequent insurance claim.
Recall that most states require some immediate notice to police of an accident, usually requiring that it be done by the quickest means of communication. Today, with the mass adoption of cell phones, a call to the police from your mobile phone at the scene is typically what states expect people to do. Courts and insurance companies will question why a call to police was not made after an accident.
Failure to Report Can Create Legal Liability
The laws above indicate that many states require drivers involved in accidents to report those accidents immediately. If a driver delays in reporting, even just a little over a day later, it can open up the possibility of criminal penalties. In the event of an accident the general expectations are as follows:
- Stop and pull over as close to the scene of the accident as possible.
- Return to the scene if you continued driving before realizing that you may have hit another vehicle or property.
- Check on other drivers, passengers, and pedestrians that may have been involved in the accident.
- Exchange name, address, phone number, registration information, and insurance information with other drivers or pedestrians.
- If anyone needs medical attention, make reasonable attempts to bring emergency services to the scene to transport them to the hospital, or if that is not possible, make other arrangements to transport them to the nearest hospital or medical facility.
- If police have not arrived at the scene, contact the local police department as well. Use 911 to get connected to the nearest police station if you do not know the information off-hand.
- Remain at the scene until police give you the all clear to leave.
Failing to undertake these steps, including failing to immediately notify the police, could open a driver up to liability under states’ hit-and-run statutes. In Georgia, O.C.G.A. § 40-6-270 creates a punishment of 1 to 5 years in prison if a person is convicted of knowingly failing to stop and comply when there’s an accident that causes serious injury or death. If the accident causes injuries that are not serious or merely damage to a vehicle, the first offense is a fine between $300 and $1,000, up to 12 months in prison, or both.
In Florida, meanwhile, failure to stop and report an accident could result in escalating felony charges when there’s death or personal injuries. Chapter 316, Section 027 states that drivers who fail to stop and notify police in the event of non-serious injury can be charged with a third degree felony. If there’s serious injuries, it becomes a second degree felony. Finally, if the accident causes a death, it’s a first degree felony which carries a mandatory minimum of four years in prison. Any violation also carries a license suspension of at least 3 years.
Alabama likewise punishes drivers convicted with committing hit-and-run accidents. Alabama Code Section 32-10-6 punishes drivers that fail to report with a Class A misdemeanor when the accident results in property damage only. The maximum punishment for a Class A misdemeanor is one year in jail or a $6,000 fine. However, when the accident causes a death or personal injury, the violator can be charged with a Class C Felony. In Alabama, the punishments for a Class C Felony range from a year and a day in prison up to 10 years in prison, or a $15,000 fine.
Finally, Tennessee’s hit-and-run laws may be considered less harsh than some of the other states. Tenn. Cod. Ann. § 55-10-111 allows the state to suspend the license of a driver that fails to report until they do file a report. However, the commissioner could extend the suspension for a maximum of 30 days. Failure to report is also treated as a Class C Misdemeanor, which carries a maximum sentence of 30 days in jail and a $50 fine.
Failure to Report Can Complicate Insurance Claims
A failure to report an accident can also create complications with any subsequent insurance claims, regardless of who was at fault in the accident. Many insurance policies include language requiring timely reports of accidents to the police and the insurance company. These policies may be more specific than state laws and require reports to police within 24 hours. They may also include language barring suits against them unless all the provisions of the policy are complied with.
Lack of Reports Can Lead to More Scrutiny
Filing a report after 24 hours can raise red flags for insurers. Even when you were not at fault for an accident, a delayed police report may prompt an insurance company to undertake more thorough investigations. Insurance companies may view the late report as suspicious and seek out more information to understand why a report wasn’t filed immediately.
No Report Raises Questions of Fault
The failure to immediately report could also create questions of liability. In a car accident claim, evidence of what happened is essential to reaching a favorable settlement. When you contact police, they can record some of the key pieces of evidence as close in time as possible. Unfortunately, that evidence can disappear in moments. Skidmarks from tires, camera footage, street signs, and eyewitness memory can all fade or be erased.
When there is no police report and that evidence does begin to disappear, it becomes harder for the insurance company to determine what happened. What at the time may have seemed a clear-cut example of the other driver’s negligence may become questionable and cause an insurance company to deny a claim. Additionally, without a police report and a determination of fault by the investigating officer, insurance companies will often side with their insurer despite what you may believe is clear fault on behalf of the other driver.
The Failure to Report Can Nullify Coverage
It can create similar problems when a driver does appear liable at first. The insurance company may require that you notify police and them in the event you are involved in or cause an accident. They may deny liability coverage if you fail to report an accident to police, leaving you liable for damages to the other driver.
In some cases, the failure to report within 24 hours may result in a claim being denied at first. The specific provisions of the policy may require that drivers file police reports within a set timeframe for a claim to be approved. If you do file a police report after 24 hours, reach out to an attorney before speaking with the insurance companies again. They’ll listen to your story, look into your policy, and understand how best to approach a subsequent claim with an insurance company.
Can I Report a Hit-And-Run After 24 Hours?
In short, yes, you can report a hit-and-run after 24 hours. However, it may impact your subsequent claims. The laws reviewed above apply when you are involved in an accident and leave the scene. But what happens when you’re the one left at the scene. What are your obligations to report?
Your insurance policy may require that you report the accident within 24 hours or have a representative report the accident if the driver or owner of the car is physically incapacitated. In one Alabama case, the insurance provider denied the claim because the driver had not reported the hit-and-run accident for roughly 10 days. The policy provisions required hit-and-run reports within 24 hours for coverage to apply and the court found no reason not to enforce the policy as written.
The key provisions in insurance policies when you are the victim of a hit-and-run can be found under the uninsured or under-insured motorist coverage sections. Not every policy includes this coverage in the first place, so be sure to check that you have this coverage. A hit-and-run falls under the uninsured portion of your policy because the driver that caused the accident is unknown and therefore is considered to be uninsured.
There may also be exceptions to the duty to report a hit-and-run when the driver is physically incapable of making a report. States like Florida and Tennessee provide exceptions to the immediate duty to report when a driver is physically incapable of doing so. These provisions instead require a report be made by other occupants of the vehicle who are capable, the owner of the vehicle or the driver when they are once again physically able to do so.
What You Should Do If You Didn’t Report in 24 Hours
If you didn’t report your accident immediately, your next step should be to contact an attorney. Even if you’ve already filed your insurance claim or had your claim denied, you can reach out for legal help. An attorney can help provide an understanding of the law, your insurance policy, and your available options. They can:
- Assess your legal liability: A trusted attorney should know and understand the applicable statutes and case law. They should also be able to help strategize and plan a course of action in light of this information.
- Gather evidence: In the event that a police report wasn’t filed right away, help from a well-resourced firm might make the difference. These firms can work to try and track down and collect evidence that shows who the liable party was and how much they may owe you for your damages.
- Advocate on your behalf: Your attorney should also be a dogged advocate fighting for your legal rights with the insurance company or ultimately in court arguing your case before a judge or jury. They should pursue justice and work to achieve maximum compensation for your damages from all liable parties.
A Call To Montlick Should Be Just as Immediate
The aftermath of an accident is a high-stress situation. One of the best things you can do to avoid future complications is notify the police. Even if at first it doesn’t appear that there are any injuries or damage of $500 or more, contact the local authorities. If you believe you may have been injured you should also seek treatment from emergency responders and get a second opinion at an ER or with your primary care physician. Some injuries can take a few days to develop.
Whether you do report an accident immediately or not, your next step should be to discuss your case with a Montlick attorney. Our team of experienced attorneys can help you navigate the pressures and pitfalls that accompany auto accidents. We help our clients explore all options available to them even when there wasn’t a report within 24 hours. If you’re not sure what your next steps are—call Montlick today—your initial consultation is free.
