Understand Your Rights. Protect Your Health.
After a car crash, your first instinct is probably to check yourself and your passengers for injuries—but what happens if no police report is filed? Many Delaware drivers find themselves in this situation, especially after a seemingly minor accident. If you’re wondering, what happens if there is no police report for a car accident, the answer can impact your insurance claim, legal standing, and even your physical recovery.
This page explains what Delaware law says about police reports, what the consequences are if one isn’t filed, and why it’s still important to seek medical care—even if you already went to the ER.
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Is a Police Report Legally Required in Delaware?
In the state of Delaware, a police report is required for accidents involving:
Personal injury
Death
Property damage estimated over $500
A hit-and-run
A driver under the influence
Delaware Code Title 21, § 4203 mandates that drivers must immediately report qualifying accidents to law enforcement. If police are not called to the scene, you are required to file a report with the Delaware Division of Motor Vehicles (DMV) within 10 days if the crash caused injury, death, or significant property damage.
Failure to file a report can result in:
Fines
Complications with insurance claims
License suspension
Difficulty proving your case in court
What Happens If There Is No Police Report?
If a police report is not filed, several important problems can arise:
1. Insurance Challenges
Most insurance companies require a police report to process claims—especially if there is a dispute about who is at fault. Without it, they may:
- Delay processing your claim
- Offer a lower settlement
- Deny your claim entirely
Even your own insurance company may be limited in how much help they can provide without official documentation.
2. Legal Liability Concerns
If you plan to pursue compensation for medical bills, lost wages, or pain and suffering, the police report provides critical third-party evidence. Without it, your version of events may be harder to verify in court or during settlement negotiations.
3. Missed Medical Follow-Up
Even if the accident seemed minor, you might not feel the full effects for hours or days. Soft tissue injuries, concussions, whiplash, or spinal misalignments are common and can worsen if left untreated. Without a police report, it may also be harder to link your injuries directly to the accident, which is vital for injury claims.
What to Do If No Police Report Was Filed
Even if law enforcement wasn’t called or a report wasn’t filed at the time, there are still steps you can take to protect yourself:
File a Delayed Report
You can still file an accident report with the local police department or the Delaware DMV. Be prepared to provide:
Collect Your Own Evidence
Take photographs of the damage, road conditions, and any injuries. Gather witness statements and exchange insurance information with the other driver. This evidence can help substitute for the lack of an official report.
- Date and time of the accident
- Location of the crash
- Vehicle information for all parties
- Descriptions of what happened
- Photos or videos, if available
- Witness contact information
Get a Thorough Medical Evaluation
You may have gone to the emergency room—but ERs typically focus on life-threatening conditions. For a complete evaluation of your musculoskeletal system and hidden injuries, a comprehensive post-accident assessment is essential.
Come to Comprehensive Accident and Injury Center – Even If You Already Went to the Hospital
Hospitals often miss or overlook injuries that can have a long-term impact on your quality of life. At Comprehensive Accident and Injury Center in Newark, DE, we specialize in detecting and treating auto accident injuries that may not show symptoms right away.
Why Get a Second Medical Evaluation With Us?
We treat delayed-onset injuries like whiplash, back pain, joint dysfunction, and muscle strain
Our documentation helps support your legal or insurance case
We work with personal injury attorneys to make sure your rights are protected
We provide treatment plans customized to your injuries and recovery goals
Your recovery doesn’t stop at the ER. Let us help you feel whole again—physically and financially.
Common Injuries We Treat After an Auto Accident:
| Neck pain and whiplash | Lower back pain |
| Sciatica | Concussions |
| Shoulder, hip, and knee injuries | Muscle stiffness and reduced mobility |
We offer chiropractic care, physiotherapy, soft tissue therapy, and other non-invasive treatments to restore your health and get you back to living pain-free.
Serving Newark and All of Northern Delaware
Comprehensive Accident and Injury Center proudly serves Newark, Wilmington, Bear, Middletown, and the surrounding communities. We work with patients of all ages who have been in auto accidents—whether they filed a police report or not.
Don’t Wait. Your Health and Claim Depend on It.
If you’ve been in a car accident and no police report was filed, you’re not alone—and you’re not out of options. The sooner you act, the better your chance of a full recovery and a fair insurance settlement.
Call us today or book your post-accident evaluation online.
We accept most insurance plans and offer same-day appointments
Disclaimer:
The information provided on this page is for general informational purposes only and is not intended as legal advice. Comprehensive Accident and Injury Center is not a law firm, and our staff are not attorneys. If you have specific questions about your legal rights or responsibilities following a car accident in Delaware, we recommend consulting with a qualified personal injury attorney.
Dr. Jack Norsworthy
Dr. Jack Norsworthy is a Doctor of Chiropractic Medicine and Founder of the Comprehensive Accident and Injury Center. He's passionate about providing the highest quality of Chiropractic care in Delaware and surrounding communities. Check back for more updates from Doctor Norsworthy as he shares more information about musculoskeletal injuries, Chiropractic care, and healthy lifestyle habits.
Dr. Jack Norsworthy
Dr. Jack Norsworthy is a Doctor of Chiropractic Medicine and Founder of the Comprehensive Accident and Injury Center. He's passionate about providing the highest quality of Chiropractic care in Delaware and surrounding communities. Check back for more updates from Doctor Norsworthy as he shares more information about musculoskeletal injuries, Chiropractic care, and healthy lifestyle habits.
