Dealing with an Inaccurate Car Accident Police Report

Because a police report is an official document, usually completed by an officer of the law, an inaccurate police report can cause numerous problems in your personal injury case. You may be wondering if there is a way to rectify this situation if you find yourself in it.

Local Agencies and Police Report Modification

You will need to inquire with an agency in your jurisdictions to learn the process for amending a police report.  It can be as simple as filing a form or talking with the officer who completed the original report. You may be required to file a supplemental statement that contradicts the police report. You should make sure that any amended statement is also received by your insurance company. Your insurance company may have its own way of dealing with inaccurate reports, so be sure to inquire with them as well. 

Contesting a Police Report

When a party to a car accident believes the police accident report is incorrect and he cannot amend it or he an opposing party refuses to recognize an amended report, the decision as to the facts may be left up to the legal system.

If you file a lawsuit, one of several things may occur:

  • The disputing party may decide to negotiate a more appropriate settlement.
  • Both parties may come to an agreement to allow a mediator or arbitrator handle the case. Make certain the judgment in your case will be binding.
  • The case may go to court where a trier of fact (i.e. a judge or jury) will make the decision as to whether the police report is accurate and the ultimate outcome of your case, including award of damages.

It is vital to have all the corroborating information available for each of these actions, including at least one car accident witness statement whenever possible.

Getting Legal Advice

If you are planning to file a personal injury claim due to a car accident, an attorney can help you with the process from dealing with inaccurate police reports to filing charges. If you have questions about your case or the possibility of a lawsuit, an attorney will usually meet with you to discuss your situation in a free initial consultation. Once you decide to hire an attorney, many injury attorneys work on contingency. This means that you pay for your attorney once you are compensated for your injuries. This can be a great relief if you are already suffering losses from an accident.

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