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Many cyclists assume they can’t pursue compensation if they didn’t call the police after their accident. That’s not true. While a police report strengthens your case, New Jersey law doesn’t require you to file a personal injury lawsuit. You can still recover damages, but you’ll need to gather other forms of evidence to prove what happened. The reality is that many bicycle accidents go unreported. Sometimes injuries don’t seem serious at first. Other times, the driver convinces you to handle things privately. Whatever the reason, the absence of a police report creates challenges but doesn’t eliminate your legal options.
Why Police Reports Matter
A police report provides an official record of the accident. It documents the date, time, location, and parties involved. Most importantly, it often includes the officer’s assessment of fault and any traffic citations issued. When you don’t have this documentation, insurance companies become more skeptical. They may question whether the accident even occurred or dispute your version of events. This is why building alternative evidence becomes so important.
Evidence You’ll Need to Build Your Case
Without a police report, your claim depends on other proof. The Law Offices of David A. DiBrigida can help you identify and preserve this evidence, but acting quickly matters. Start with these critical pieces:
- Photographs of your injuries, bicycle damage, and the accident scene
- Contact information for any witnesses who saw the collision
- Medical records documenting your injuries and treatment
- Clothing or gear damaged in the accident
- Communication with the driver, including text messages or emails
Your medical records become particularly important. Seek treatment immediately after the accident, even if you didn’t call the police. The timing of your medical care helps establish that your injuries came from the collision.
Witness Statements Can Replace Official Reports
Eyewitness testimony carries significant weight in bicycle accident cases. If anyone saw the collision, get their contact information right away. A neutral third party describing what they observed can be just as powerful as a police report. Even partial witnesses help. Someone who didn’t see the actual impact but observed the driver’s behavior beforehand or arrived moments after can still provide valuable testimony.
How Insurance Companies Respond
Expect pushback from the driver’s insurance company. Without a police report, adjusters often claim the accident didn’t happen or that you’re exaggerating your injuries. They may argue you waited too long to seek medical treatment or that your injuries came from something else. This is where legal representation becomes valuable. An Essex County bicycle accident lawyer understands these tactics and knows how to counter them with solid evidence and clear documentation of your losses.
The Statute of Limitations Still Applies
New Jersey gives you two years from the date of your accident to file a personal injury lawsuit. This deadline applies whether you have a police report or not. Missing this window means losing your right to compensation entirely. Don’t assume you have plenty of time. Building a case without a police report requires extra effort. Starting early gives your attorney time to locate witnesses, obtain surveillance footage, and gather medical documentation before memories fade and evidence disappears.
When to Report an Accident After the Fact
If you realize later that your injuries are more serious than you thought, you can still file a police report. New Jersey allows delayed reporting, though the report will note that it wasn’t made at the scene. This late report won’t carry the same weight as an immediate one, but it’s better than nothing. Be honest about why you waited. Whether you were in shock, the driver pressured you, or you didn’t realize how badly you were hurt, explaining the delay helps your credibility.
Your Next Steps
Missing a police report complicates your bicycle accident claim, but doesn’t destroy it. The key is acting quickly to preserve other evidence and protect your legal rights. An Essex County bicycle accident lawyer can evaluate your situation, help gather the documentation you need, and build a compelling case for the compensation you deserve.
