How Can I Still Have A Claim For My Car Accident Even If The Police Report Says I Was At Fault
Updated: Feb 13
What To Do if the Police Report Says You're At Fault and You're Not
An inaccurate police report doesn't mean the end of your case. A police report or crash may wrongly find someone at fault for a car accident because the investigating officer is not a traffic accident expert and is making a decision with inadequate information.
Unfavorable Police Reports Are Not the Final Say. A police report is not determinative in establishing fault in a traffic accident. It can be altered and disproved. The analysis portion of an accident report is limited to the investigating officer's findings of fault, based on statements provided by the individuals involved in the car accident and those findings can be unreliable.
Expert Traffic Accident Analysis Can Help. The use of an expert accident analyst can overcome an unfavorable police report. Police are not trained in the physics and science of how traffic accidents occur. They are not necessarily wrong, but they might simply not have the training and experience to get your case right. An analyst forms his opinion based on his experience in the field and determines who is at fault by "recreating" the scene of the accident. This can be done by gathering all the facts from the accidents, statements, and knowledge of the scene, and applying them to determine the events the led to the accident. If necessary, he can explain to the jury why the accident was the other driver's fault.
Correcting Factual Errors.Police reports are conducted by law enforcement officers. By nature, there is a margin for human error to occur. Lets say, for example, the police officer got some of the factual information surrounding your case incorrect, such as: details about your vehicle, your insurance carrier, or the location of the accident, you likely can get the report amended, so long as you provide documentation to support the correction.
Changing Other Information on The Police Report. If you got your police report back after the accident and you do not agree with the information in the report, you likely will have a tougher time amending the report. What you should do if you disagree with the details of the accident or the officer’s finding that you violated a traffic law, is write up your own version of the event and bring it to the police station to see if they will add it to the report. Whether or not they accept it varies on a case by case basis.