Do I Need a Police Report To File a Maryland Car Accident Claim?

 Posted on January 21, 2026 in Personal Injury

As of 2026, you do not need a police report to file a Maryland car accident claim. However, having one can make the claim easier to prove and less likely to be disputed. Many people assume insurance companies will not accept a claim without a police report, but that is not how Maryland law works. Still, the presence or absence of a report often affects how smoothly a claim moves forward.

In information released in 2025, national safety data showed that about six million motor vehicle crashes occur each year in the United States. Most of these drivers had to deal with insurance claims and documentation questions after an accident. Not everyone had a police report.

If you were involved in a collision and are unsure what documentation you need, a Silver Spring, MD car accident lawyer can help you determine the right next steps.

What Does Maryland Law Say About Car Accidents and Police Reports?

Maryland law does not require a police report in order to file an insurance claim after a car accident. You can report the crash to your own insurance company or the at-fault driver’s insurer, even if police never responded to the scene.

That said, Maryland law does require certain accidents to be formally reported when law enforcement does not create a report. Under Maryland Transportation Code § 20-107, crashes involving injury or death must be reported to the Maryland Motor Vehicle Administration within 15 days if no police report was completed. Maryland Transportation Code § 20-104 also requires drivers to stop, exchange information, and render aid when needed. Following these rules helps protect your claim even if police are not present.

When Do Police Usually Write a Crash Report in Maryland?

Police are more likely to prepare a report when the crash raises safety concerns or involves more than minor damage. In practice, reports are commonly written when:

• Someone is injured or killed.

• A vehicle cannot be driven safely from the scene.

• A hit-and-run is suspected.

• A driver appears impaired or refuses to exchange information.

In lower-impact crashes where no one is hurt, and vehicles can be moved, officers may not respond or may decide not to write a report. This is common in areas like Silver Spring during busy traffic hours and does not prevent you from filing a claim.

Why Does a Police Report Matter if It Is Not Required in Maryland?

A police report often becomes one of the first documents an insurance adjuster reviews. While it does not automatically determine fault, it provides a neutral summary of the crash that insurers tend to rely on early in the process.

A typical Maryland crash report may include:

• Driver and witness contact information

• Insurance details for each vehicle

• A written description or diagram of how the crash occurred

• Notes about road conditions, weather, or visible damage

Without a report, insurance companies usually rely more heavily on statements from the drivers involved. This can slow the process or lead to disagreements about fault, especially in a state like Maryland, where fault rules are strict.

Should I Wait for a Police Report Before Filing My Car Accident Claim?

You should report the accident to your insurance company as soon as possible, even if a police report is not available or may never exist. Claims can be opened without a report and updated later if one becomes available.

Waiting too long to notify your insurer can raise questions and slow the claims process more than the lack of a police report itself. If you have questions about what to say to the insurer, we can help.

Schedule a Free Consultation With Our Hyattsville, MD Car Accident Attorney

If you were involved in a crash and are unsure whether a police report is required or how it affects your claim, a Silver Spring, MD car accident lawyer can help you understand your options. At Kisner Law, you work directly with an attorney who has more than 10 years of legal experience, extensive trial experience, and a persistent approach to moving cases forward. Attorney Kisner also has strong relationships with local judges and insurance companies.

Call 240-459-0097 to schedule your free consultation. We are available 24/7 and can do everything remotely or in the office.