accident attorneys

What To Do If There’s A Mistake On The Police Report

what to do if there's a mistake on the police report

If you’ve ever been in a car accident, you may have been part of a police report. Police or accident reports are written by the officer who first arrives at the site of the accident. Details of the accident, likely reasons, proof of whether either or both participants were under the influence, witness accounts, statements from each party and their passengers, contact and insurance information for each party, and the officer’s opinion are included in the Report.

Personal injury claims in Los Angeles can’t use police reports as substantive proof in a court of law, but they’re still critical in talks with insurance companies and the opposite side.

In Los Angeles, it can take weeks and months for the police report to be finalized. In Roseville and less dense areas of the state, reports can often be ready within a week or two. 

So what happens when you finally receive the police report and notice there’s an error on it?  Can you fix it?  As a general rule, it depends on the kind of error.

WHAT IF THE REPORT CONTAINS AN ERROR?

Despite their best efforts, officials of the law are fallible human beings. Small mistakes, such as a typo or an incorrect automobile model, maybe readily remedied. If the words “not” are left out of the sentence, it may significantly impact the conclusion of an investigation.

Over the years, we have noticed mistakes that are not so small, including with cases we are currently handling which have landed in court.  In one case, the officer incorrectly stated the orientation of the street (stating West instead of East), which completely changed the mechanics of accident and made things very confusing for all parties involved.  In another case, the officer’s report of the facts all indicated that Party #1 was at fault however while describing the mechanics of the accident, however due to a typographical error, concluded at the end of his report that Party #2 (the victim was fault).  This was clearly an error, but something which the opposing insurance company will use to their advantage as they try to do anything they can to deny responsibility.

WHAT CAN YOU DO TO HELP PREVENT POLICE REPORT ERRORS?

As soon as you notice an error on the police report, you should immediately visit the police station and file a “Supplemental Report”.  Depending on the police department, they will take notes, or alternatively they will allow you to write in your own words a narrative of what happened and what is incorrect on the police report.

You may support your case by capturing evidence from the incident that may help amend the police report in addition to analyzing the police report on the site and alerting the officer to any discrepancies. Photograph and make notes on what occurred, the cars involved, their locations, any damage, road and weather conditions, statements from witnesses, and contact information.

You should not dismiss inaccuracies in the police report, even if they appear trivial. To get a police report amended, follow these suggestions:

It is nice to be polite:

Your behavior and approach influence an officer’s willingness to fix a mistake. Be polite and talk directly to the officer, rather than going via his superiors, and you will receive a better response.

Provide proof of what you say:

Police officers are more inclined to rectify your complaint if you offer them proof of the error, mainly if it is accurate. A copy of your car registration might be used to demonstrate that the year, manufacture, or model of your vehicle is incorrect.

Take action as soon as possible:

Your goal is to get your hands on the police report as quickly as possible, then call the office if there are any problems with the report. Before the police report is finalized, it may be simpler for him to make revisions.

Medical records should be made available to the public:

As a result of pain or medicine, you may not have been able to accurately describe what occurred at the site of the accident or in the hospital. If you need to modify your statement, you may give the officer medical records indicating this. We have had clients who suffered concussions due to the accident unknowingly agree to everything the liable party was saying, even though the liable party was lying about everything to protect himself.

Make a declaration:

The officer may not agree to alter the report if the inaccuracy is based on contested information. The report may be accompanied by a written explanation of what happened, although this is not required. Ensure that your writing is complete and factual, and not based simply on speculation.

Consider adding photos or other evidence to back up your claims. To add your statement to the police report, the officer has the option.

Consider hiring a lawyer who has handled similar cases (ie. US!):

Call the attorneys at Accident Pros LLP and we can contact the police on your behalf if you uncover any inaccuracies that can damage your case. We may be able to persuade the officer to change the Report, or if not, he may assist you in crafting a compelling statement to include with the Report.

In conclusion, engaging us immediately after a car accident is always a good idea. We can assist you in avoiding errors, conducting a complete investigation, and negotiating a settlement after an accident.

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