Police reports are important in personal injury cases. After an accident (especially a car accident), law enforcement typically arrives to investigate the scene, ask the parties involved some basic questions, and file a report to summarize their findings.
This document is frequently relied on by courts, lawyers, and insurance companies as a general basis to make decisions on who is at fault and the relevant damages.
But what if the police report is incorrect? What if the police misinterpreted the event or, worse yet, incorrectly determined that you were at fault for the accident? Fortunately, you are not out of luck if the police report is incorrect.
Why Police Reports May Contain Mistakes?
Police officers are trained professionals, but they are still human. At the scene of an accident, they must make quick assessments based on limited information. Sometimes, the report might contain:
- Incorrect vehicle or driver details
- A misinterpretation of how the crash occurred
- Missing or incorrect witness statements
- Faulty conclusions about who was responsible
- Misstatements made by others at the scene
These mistakes can have real consequences regarding your insurance claim or lawsuit. That’s why acting quickly is critical if you notice something wrong.
How a Personal Injury Lawyer Can Help?
Here’s how a personal injury lawyer can support your case if the police report is inaccurate:
Carefully Assess the Report
The initial step is to comprehend the police report, in addition to what is incorrect in the report.
Your attorney will review the report line by line, identifying factually incorrect statements, incorrect statements made by the police, or statements made based on unfounded assumptions. Small errors in the police report can even result in a denial or reduction in your claim.
Gather Independent Evidence
To challenge or clarify a police report, your lawyer will collect independent evidence that supports your version of events. This may include:
- Photos or video footage from the accident scene
- Dashcam or surveillance footage
- Witness statements
- Vehicle damage analysis
- Medical records
- Accident reconstruction reports
This evidence can help show what happened and counter any errors in the report.
Ask for a Report Correction
If you spot any blatant error in the reporting facts, such as incorrect vehicle make or model or wrong dates, an attorney can help you request a correction from the reporting officer. Your attorney will submit a request and a supporting statement and documents.
The officer is not obligated to make corrections, but if you have solid, documentable facts, it may convince him/her to modify the report.
File a Supplemental Statement
If an officer denies your request to modify the report, your attorney can file a Supplemental Statement to be added to the case file, which you will sign. The one sentence in the future reports says your side of the incident will be captured in the statement.
A supplemental statement does not eliminate the report filing, but the insurance companies and any legal services will have a more complete view.
Disputed Fault Findings
In some cases, officers, in their required reports, will express an opinion on who was at fault. Though the officer’s opinion does not have any legal significance, that opinion may be given significant weight by some insurance companies.
If the officer mischaracterized your actions as being at fault, your attorney can challenge that opinion of fault with different evidence.
Prepare for Litigation as Required
If you are eventually positioned to call the police report into question and one party disputes the facts in writing, and/or you provide witness statements that contradict the police report, and/or one of the other parties files a response asserting some version of the facts of the incident, your attorney will be prepared to consider your interests and institute a lawsuit.
Safeguard Your Rights Throughout the Process
When you find out that the police report is inaccurate, it might feel like an uphill battle, but it doesn’t mean your options are diminished. A qualified attorney will ensure that your rights are protected, assist you with the legal process, and make sure that no erroneous report biases your recovery.
This is why it is important to hire a personal injury attorney in LA as soon as you notice an error in the report or after you’ve concluded that the report does not accurately represent your case. Legal experts know the system can handle the insurance claims process and will fight to obtain what you are actually and fairly entitled to.
Final Thoughts
Mistakes happen—even in important places like police reports. But that certainly does not mean you must accept that mistake quietly, or worse, lose the compensation you deserve. With the assistance of a personal injury attorney, you can dispute the inaccuracies, tell your side of the story, and develop a case based on the facts.
Not bad assumptions matter if your police report has minor inaccuracies or a major error, taking action quickly can save your case. Don’t let someone else’s mistake become your case—get the attorney you need to help you take back your story.
