Police reports can provide important evidence for your accident injury case, but possibly not in the way you think.
If you are in a car accident that results in injury, major property damage, or death, the police will usually respond to the incident and complete a police report. Officially, this is usually termed a “Traffic Collision Report.” The purpose of this report is to provide an objective summary of the events of the accident and the damages and injuries involved.
A police report can be helpful to your accident injury claim, but it is important to understand how it is used, and what information it contains.
Here are the key facts you should know about police reports.
Request this number from the police officer who responds; this will make it easier for you to request a copy later. Be sure to collect information about the specific police precinct or jurisdiction, so you know where follow up later.
The police report captures information about the drivers, witnesses and others at the accident scene, and any factors that contributed to the accident. It may include the specific vehicle code the at-fault party violated, mechanical failure, weather or road conditions. It may also include the police officer’s initial assessment of fault.
Once the officers have gathered the relevant information, including photographs and witness statements, they will make a determination of fault and finalize the report. This is usually completed within about five days.
Police reports are public records, so once it is complete, you have a right to obtain a copy. Typically, you must make a report request with the relevant police department. The police department may charge you a small fee for processing the documents — but TorkLaw will provide you with a free, no-obligation copy of your police report. Fill out this online police report form. We will order your report and deliver it at no cost to you, whether or not you choose our firm to represent you.
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Check the following information to ensure nothing is incorrect or missing:
Of course, the police will not accept all proposed amendments. You need to provide proof of error. Errors in police reports fall into these categories:
If, however, you made an incorrect statement due to confusion or disorientation or feel the officer made a mistake in judgment, these will be more difficult to change. Your best course of action is to ask for your own version of events to be added. If you feel the statements you made immediately after the accident are not reliable because you were in pain or disoriented, you should provide medical records to support that.
If the police do allow you to add a statement or additional evidence, it is important to be as thorough and accurate as possible. If you are dealing with police report errors, an experienced car accident lawyer can help you make sure the police report is something that bolsters your case, rather than detracts from it.
Statements by parties, witnesses, conclusions, diagrams, drawings, calculations, measurements etc. are all important. Our law firm routinely handles cases with problematic police reports which we are able to overcome by properly conducting our own investigation, discovery, depositions and aggressive litigation.
When you file a car insurance claim with the relevant insurance company, you will send them the police report. They will conduct their own investigation, as part of the claims process. This investigation will rely heavily on the police report, so it is important to ensure your police report is accurate.
While it doesn’t happen very often, the final assessment of fault by the insurer’s adjuster may differ from that of the police.
It depends on the jurisdiction, but generally, police reports are not admissible as evidence in district courts. Since the police officer typically did not witness the accident firsthand, police reports are considered “hearsay,” which cannot be used in courts, except for very specific circumstances. (Police reports may, however, be used in small claims court.)
If your police report contains inaccuracies or is incomplete, and the insurance company’s claims adjuster is using that information to deny or reduce your claim, your best course of action is to contact an experienced car accident attorney. The attorneys at TorkLaw can conduct our own investigation to ensure the insurance company pays you what you are owed.
Use the form on this page to schedule a free consultation with one of TorkLaw’s lawyers, who can help you navigate the road ahead. All consultations are free, and there is no obligation whatsoever.
For more useful information about how to deal with a car accident, read our book for free online: Accidents Happen: A Consumer’s Guide to the Personal Injury an Wrongful Death System.
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