Filing a mini tort claim without having a police report

[Ikki]

A few days ago, I was involved in a car accident where the other driver was at fault. The damages were not great, so I ended up not calling the police. I filed a mini tort claim with the other's driver insurance. However, the insurance company would not pay, as the other driver has not admitted her fault to the insurance company.

I am considering taking this claim to small claims court. Do I have a chance to win without having a police report?

Thanks, Ikki

[Mr. Knowitall]

Go and see if the police will accept a report, despite your delay. That may be enough for the insurance company to pay. But no, you don't need a police report to file a small claims case - it's not normally even admissible as evidence.

[cdwjava]

If the police do take a report, keep in mind that they are not likely to be able to assign fault on a late "counter report". In CA we can NOT assign fault in those instances. Other states might, but I would doubt they would do so.

- Carl