How to File a Police Report After an Accident in Minnesota

According to recent crash data, dangerous motor vehicle accidents are on the rise in Minnesota. This rise in accidents – including fatal crashes and injury-related incidents – highlights an urgent need for stronger safety measures to protect motorists across the state. Police reports are one such measure that can help local governments monitor crash data from across the state while providing accident victims with the documentation they need to seek justice after an accident.

While the aftermath of a crash can be chaotic and overwhelming, filing a police report is often one of the best things you can do to set yourself up for success in a future car accident claim. Let’s cover everything you need to know about filing a police report after a car accident in Minnesota and briefly explore some of the ways an experienced car accident attorney can help you leverage your crash report into a successful case outcome.

Are you required to file a police report after a car accident?

Regardless of whether or not a police officer responds to the scene of an accident, motorists are still expected to report crashes to law enforcement under certain conditions. Under Minnesota Statute § 169.09, motorists are legally required to report a car accident to law enforcement any time a crash results in:

• Injury
• Death
• Property damage of $1,000 or more

If an accident meets any of these criteria, drivers are required by law to immediately notify local law enforcement. Accidents should be reported to the local police department if the collision occurs within a municipality, a State Patrol officer if the collision occurs on a trunk highway or to the office of the sheriff of the county, if necessary.

Failing to immediately report a qualifying accident to law enforcement may result in criminal penalties. If police do not respond, a written crash report must be submitted within ten days.

What to do after an accident

Any time you are involved in an accident in Minnesota, there are a few different steps you should follow to protect yourself and those around you. Here is a step-by-step overview of what you should do in the immediate aftermath of a collision:

1. Stop the vehicle and/or move to a safe location

Under all circumstances, motorists involved in an accident are required to stop on the scene and make contact with other involved parties and/or law enforcement. Failure to stop at the scene of an accident can result in criminal charges and harsh penalties. If the accident is minor and your vehicle is still operable, Minnesota law requires you to move your vehicle to the side of the road to avoid blocking traffic whenever you are able to safely do so.

2. Check for injuries and call 911

If anyone is injured in the accident, call 911 immediately to request emergency medical services and law enforcement. Even if injuries seem minor, it’s better to err on the side of caution by contacting first responders.

3. Exchange information

Drivers should exchange their names and contact information, as well as their driver’s license numbers, license plate numbers and insurance information. Drivers should also request information from any witnesses present at the time of the accident in case the witnesses’ testimony is needed to corroborate or contradict one party’s version of events down the line.

4. Wait for the police

If you called 911, an officer will arrive to assess the scene, take statements and file an official report. Once the police arrive, drivers should respect their authority and provide accurate information without speculating or openly admitting fault.

5. Contact a car accident attorney

If the other driver involved in your accident behaved negligently or recklessly and you suffered identifiable harm as a result, you may have cause to pursue a personal injury claim against them. An experienced car accident attorney can help you gather all the information necessary for filing a successful claim and advise you of all the compensation options that might be available in your case.

Following these steps can not only help accident victims cover all their bases in the midst of a potentially frightening and chaotic situation but can also prevent injured parties from inadvertently compromising their insurance claims or even opening themselves up to legal action for non-compliance with state law.

What if police don’t respond to the scene?

In some non-injury or low-priority accidents, police may not respond in person or may never be contacted in the first place. In those cases, you are still responsible for reporting the crash if the accident resulted in injury, death or property damage of at least $1,000.

The Minnesota Driver and Vehicle Services (DVS) gives drivers the option of filing their own accident reports within ten days of a crash using the Minnesota Motor Vehicle Crash Report Form. Forms can be obtained in person or digitally downloaded but they must be returned to a full-service deputy registrar office or by mail before the ten day deadline has passed.

How to obtain a copy of a police report in Minnesota

In some cases, a police report can serve as critical evidence in your personal injury claim or insurance negotiations. However, it’s important to understand that these reports can not always be introduced as evidence due to the potential bias they may present. While reports filed by law enforcement may be more objective in nature, the accident reports filed by involved parties tend to be more subjective and may not accurately reflect the facts of an accident. Subsequently, accident victims should not rely on accident reports alone when building a case.

If an accident victim requires a copy of a report filed by law enforcement, they may request a copy from the DVS or from their local police precinct. Individual police departments typically have their own processes for records requests, but DVS provides an accessible online accident report request form that can be completed by:

• A person who was in the accident (or their lawyer or insurance company)
• The representative, trustee, surviving spouse or next of kin of a person who died in the accident (or their lawyer or insurance company)
• A person who was injured in or lost money because of the accident (or their lawyer or insurance company)

Once completed, forms can be submitted in person to DVS or to other full-service providers across the state. Forms can also be mailed directly to DVS. Be aware that there is a $5 service fee associated with these records requests.

The role of police reports in personal injury claims

As we’ve discussed, police reports can play a role in personal injury cases but should not be the cornerstone of a case. Other evidence like surveillance footage, traffic camera data and physical evidence are generally viewed as being more reliable than police reports, self-reported crash data and even eyewitness accounts.

What a police report can do in your case is corroborate information about time, location, involved parties and weather/road conditions pertinent to the accident. Some police reports may also include witness or victim statements that can be compared against future statements to assess their veracity. Inconsistencies or inaccuracies in police reports can complicate personal injury cases and insurance claims alike, so injured parties are always encouraged to seek legal counsel after a crash to help them compile more reliable and comprehensive evidence in their case.

Final thoughts

While police and accident reports can help contribute to the development of a personal injury case or insurance claim, these reports alone are often not enough to meet the standards of evidence required to prove liability. Nevertheless, Minnesota motorists have a legal obligation to report their accidents and fulfill all other pertinent obligations in the wake of an accident, and failing to do so can have significant legal repercussions.

If you or a loved one has been involved in a crash, working with an experienced car accident attorney can make or break your case. Whether the crash was minor or severe, effective legal representation coupled with detailed and accurate documentation can help improve your chances of a successful claim and give you some much needed peace of mind while juggling the fallout of your crash.

The team at Bradshaw & Bryant has been representing clients in car accident and personal injury cases for more than 30 years and knows exactly what it takes to help injured victims get justice under Minnesota law. If you’re interested in learning more about the role a car accident lawyer could play in your fight for compensation, reach out to our team for a free case consultation today. We’re here to help you get back on your feet and back on the road to recovery.