Am I Required to Call the Police After a Car Accident in Tennessee?

police car and accident

Depending on the type and severity of the crash, you may be required to call the police and file a report after being involved in a car accident. It is better to be safe than sorry, so if you are unsure whether or not your accident has to be reported, it is recommended to call law enforcement anyway. If you sustained injury or property damage in an auto collision, speak with a Memphis car accident lawyer for information about your rights and legal options.

What Tennessee Law Says About Reporting Car Accidents

Tennessee state law doesn’t technically require you to report all car accidents. However, the laws regarding when to report are incredibly broad and generally apply to most collisions, meaning it is almost always in your best interest to report a collision to the police.

When Tennessee Drivers Must Report a Crash

According to TN Code § 55-10-107, you are required by law to immediately report the accident to law enforcement if:

  • The accident resulted in bodily injury or death
  • The accident resulted in more than $50 worth of property damage
  • The accident occurred in a location that requires drivers to report all accidents
  • Your insurance policy requires you to notify the police

Why the $50 Threshold Matters

In general, you’ll find that most accidents will result in damage that meets or exceeds the $50 limit.  As such, the majority of accidents in Shelby County must be reported, even those that would otherwise be considered minor “fender-benders.”

When You Must File an Owner/Driver Written Accident Report

In some instances, you are legally required to submit a formal written accident report following an accident within Memphis City limits, which extends your responsibility beyond just contacting the police.

Situations Requiring a Written Report

A written driver/owner report is required under certain circumstances, including:

  • A collision that results in injury or death
  • A collision that involves property damage exceeding $1,500
  • A collision that involved damage to local, state, or federal government property exceeding $400

What Is the Deadline to File a Crash Report in Tennessee?

If you are required to file a written report of your accident, you must do so within 20 days of the collision.

If you neglect to file an accident report, you could face various penalties, including:

  • Suspension of your driver’s license
  • Suspension of your vehicle registration
  • Fines and other fees imposed by the state
  • Insurance complications
  • Weakened injury claim documentation

What To Do Immediately After a Car Accident in Tennessee

Being involved in a car crash in Memphis can be jarring and overwhelming. You may be paralyzed with indecision, unsure of the right steps to take. Immediately following the collision, refer to the following helpful tips.

Step 1. Check for Injuries and Call 911

  • Check yourself and your passengers for injuries
  • Ask if others involved are okay or need medical attention
  • Call 911 to request the presence of police and EMTs
  • Seek medical attention even if you feel okay or injuries seem minor

Step 2. Move Your Vehicle to Safety

  • If your vehicle is movable and it is safe to do so, move the vehicle out of traffic to the side of the road, which is especially important in high traffic areas, like downtown or I-240
  • Ensure your hazard lights are on
  • Use lights or road flares if available

Step 3. Exchange Driver and Insurance Information

Ensuring you exchange contact and insurance information of the other driver involved in the collision is critical when filing a claim. As such, you should gather the following information:

  • Full name and phone number
  • Driver’s license number
  • Vehicle make, model, and license plate number
  • Insurer and policy information

If witnesses were present for the collision, you should also obtain their names and information, as they may be able to provide important, unbiased information about the accident.

Step 4. Document the Scene

Gathering evidence at the scene of the accident is imperative to fighting for the best possible outcome. As such, if you are physically able to do so, you should gather the following photos and videos:

  • Damage to all vehicles involved
  • Any visible injuries you suffered
  • Road conditions
  • Skid marks or other debris
  • Traffic signals

You should also take screenshots of the weather conditions at the time of the collision, as this can be incredibly helpful when determining fault.

Step 5. Do Not Admit Fault

Though it may be instinctual, any admission of fault, including an apology, can be used as an admission of guilt. As such, you should avoid apologizing or making any statements that imply fault.

Why a Police Report Matters for a Car Accident Claim in Tennessee

Obtaining a formal police report following a collision in Memphis is critical for a number of reasons. Not only can it serve as concrete proof of where and when the accident occurred, but it will also contain important information, like:

  • Driver statements
  • Witness information
  • Any citations issued at the scene of the accident
  • Preliminary fault findings
  • Diagrams and road conditions

This information can be incredibly beneficial when determining matters like insurance, medical claims, and requirements for the burden of proof.

How to File a Police or Accident Report in Tennessee

If you are involved in an accident, your primary responsibility should be ensuring the health and safety of yourself and your passengers. However, ensuring you file a police report is incredibly important in these matters.

Option 1. Police Respond and Generate the Report

  • Officers will arrive on the scene
  • They will gather information from all parties and witnesses to create a crash report
  • You can request a copy of the report after you leave the scene

Option 2. File the Owner/Driver Report Yourself

  • You must obtain a copy of the crash reporting form
  • Complete information regarding the driver, vehicle, and insurance information
  • Send the form by mail to the Department of Safety & Homeland Security
  • Retain a copy of the report for your own records

Contact a Memphis Auto Accident Attorney Today

If you have been injured in a collision, understanding the importance of connecting with an experienced personal injury attorney with Ballin, Ballin & Fishman, P.C. is imperative. Our firm will do everything in our power to help you recover the justice and compensation you deserve. Contact us today to learn more.

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