Tuesday, April 23, 2024

How To Contest A Police Accident Report

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Help With Yourindiana Car Accident Report

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Police reports are full of information, but figuring outwhats important can be difficult. An Indiana car accident attorney can helpyou understand your report and can go over your options for recovery.

At Hensley Legal Group, we know what to look for in a police report and can see if we may be able to help with your case. Call us anytime at 317-472-3333, or contact us online for a free conversation about your claim.

When Should I Report An Accident To The Police

Even if your state law gives you a cushion of 10 days, 30 days, or something else, you should always report an accident to the police as soon as possible. In some cases, if you take longer than a certain amount of time, you may need to provide documentation proving why you weren’t able to submit it earlier.

Purchase Thepolice Report Online Or At The Station

Now that the police have filed a report, youll want a copy.You can purchase your police report in one of two ways:

  • Online at www.buycrash.com
  • In person at the police station
  • If you want to purchase your police report in person, then make sure to ask the police officer who arrives at the scene of the car accident how you may do so. Where and how to purchase a police report in person differs between cities and between police departments.

    If you decide to purchase your accident report online, youll have to go to www.buycrash.com. Not every state offers accident reports through the website, but Indiana does. Simply enter the state in which your accident occurred.

    Next, youll have two options for how to search the databasefor your report. You can either:

    • Enter your report number
    • Enter your last name and either the date of theaccident or the name of the law enforcement agency that produced the report

    Regardless of how you choose to purchase your accidentreport, it should cost the same: $12 .

    Also Check: Can I Be A Police Officer Without College

    Amending Disputed Facts In The Police Report

    The more difficult task is to amend a police report when you or your attorney simply don’t agree with something contained in the report — not because of a mistake of fact, but because you’d reach a different conclusion or you’d characterize something in a different way.

    For instance, let’s say you disagree with the details of the accident as described by a witness or another party to the accident. In the report, Witness 2 states that Driver 1 entered the intersection while the traffic signal was still green, but you think the traffic signal was already red at the time.

    It’s very difficult to amend a police report in situations like this, because Witness 2’s statement may not be technically incorrect .

    Likewise, even if you disagree with the wording of a statement that the officer claims to have taken directly from you, or if you feel that your statements were mischaracterized in some way, you probably will not be able to have the actual police report changed. So what can you do? Your remedy is probably to write up your own account of the accident or your observation as to certain key details, and ask that this evidence be attached to the police report. Under most department policies, it will be within the officer’s discretion whether or not the new information is included in the existing report — in other words, you can make your case that the requested change be made, but it’s not up to you.

    Have you been in a car accident?

    Tips On Reporting A Car Accident To The Police

    Accident Reports Fees

    When reporting a car accident to the police, either at the scene or after the fact, follow these guidelines:

    • Dont panic or lose your temper
    • Dont admit fault, accept blame, or apologize for the collision
    • Dont exaggerate or approximate details
    • Dont make statements about the severity of your injuries

    Keep these tips in mind as you speak to law enforcement. An experienced car accident attorney can help you navigate similar conversations with insurance agents and other lawyers.

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    The Police Report Is Wrong What Do I Do

    Police report mistakes can take various forms. The officer may have the right finding of fault, but other factual details may be missing. Some of the most common errors we see in car accident police reports include:

    • Wrong physical description of damages
    • Incorrect list of drivers versus passengers
    • Lack of injury description
    • Inconsistencies with the crash diagram and
    • Mistakes in officer narrative.

    If you suspect there is a problem, you need to know how to fix an incorrect police report.

    Start by making a list of the mistakes in the report. If you have new information or evidence that supports these inaccuracies, get copies. You should attempt to contact the officer who wrote the report to advise them of the mistake. The evidence you have should be significant enough to change the outcome of the original report.

    If the error is a minor one and has no real impact on your case, you may not need to do anything. The police won’t make small changes to a police report when it doesn’t affect the outcome.

    You need to act quickly. It is easier to request mistakes be corrected before the report is finalized. Document your attempts in writing. You should ask for the email addresses of the contact parties and create a digital paper trail.

    Hiring a Los Angeles personal injury attorney is also recommended. Your attorney can contact the police department directly to request that the officer address the report’s mistakes. A request coming from an attorney may carry more weight.

    Have You Been Injured In A Texas Car Accident

    If you’ve been hurt in a Texas car accident you need to speak with an as soon as possible. Contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

    We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.

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    How To Improve The Accuracy Of Your Police Report

    A lots going on after a car accident and your focus probably isnt necessarily on the responding officer and whatever notes theyre jotting down in their notepad. However, once your safe, its important to approach the officer and provide them with as much detailed information as possible so the officer can include it in their report.

    If there is a specific piece of information you believe should be in the report , its okay to politely ask the officer to add it to the report. Similarly, if theres something you think the officer missed , you should bring it to the officers attention and ask that it be added to the report. However, its important to avoid being pushy or arguing with the officer.

    The bottom line is that its much easier to contribute to the police report while its being written than it is to change what the report says down the road.

    Have you had any good or bad experiences trying to get a police report changed? Tell us about it in the comments below.

    Whats The Process For Amending Disputed Facts In The Police Report

    How a Police Accident Report Will Impact Your Insurance Claim (Ep.38)

    If there is information in the police report about a disputed fact you think it incorrect, this is harder to fix. However, this is not necessarily the end of getting your police report amended. Errors about disputed facts concern disagreements about conclusions or accounts that were made in the report. If you disagree with the officers conclusion in the report that you were going 10 MPH over the speed limit when the accident happened, it will be hard to get that fact changed.

    Your only recourse when trying to correct a disputed fact in a police report is to write your own addendum to the police report and call attention to the information you are disputing. Provide detailed information about your version of those facts. It is at the discretion of the reporting officer as to whether or not your addendum will be added as a supplemental report.

    Recommended Reading: How To Report A Crime To The Police

    Request Access To Personnel File

    It is possible in some jurisdictions to request access to the personnel file of the officer who filed the police report. This would be done to find out if the officer has received similar complaints about filing incorrect or false reports. If this is the case, your defense attorney can argue that the officer has a history of making false reports. This could lead to the charges being dropped or reduced.

    How To Correct Errors On A Police Report

    One of the most important things you should do after an accident is to obtain a police report. Many accident victims dont even realize that there are any errors because they never actually have a physical copy of the accident report. After you review the report and believe that there is an error, contact the police officer who responded to the scene of your accident. On the report, youll be able to see the officers name and contact information, if you didnt already obtain that information yourself at the accident scene.

    Respectfully talk to the officer about the error you noticed and ask whether they would agree to change it. However, in cases involving disputable errors, you may need to go to your DMV and request a dispute form. This way you can document your version of the accident. Dont forget to add any substantial evidence and any form of pictures, videos, and witness statements that you may have been able to obtain after the accident.

    Also Check: How To Obtain A Police Report In Minnesota

    Ask The Police Department To Update Its Crash Report

    Police officers and departments are busy, and unless the accident report error is obvious and straightforward to amend, they might not be very open to your request. In complicated cases, its always best to work with a lawyer, rather than trying to amend a police report yourself.

    Even if you only need minor changes, you should position yourself to be taken seriously by having your evidence and documentation ready to go. Ask for the email addresses of the reporting officer and sergeant to ensure everything is in writing and on record .

    Keep a calm, respectful tone throughout the communications. Its highly unlikely that any errors were intentional, and the department, like anyone, will respond better if you are professional and polite.

    What You Can Do To Contest The Findings In A Police Report Or Crash Report

    Car Accident Police Report Sample ...

    Unfortunately, there is little you can do to contest the findings in a police report or crash report with the police officer or law enforcement officer who wrote it. You can go to the agency and department that wrote the report and ask that a supplemental report be filed. However, police departments and law enforcement agencies usually do not want to be burdened or bothered with these requests.

    If you have new information and evidence that would be important to the conclusions in the police report, then you should attempt to do so. However, this new information or evidence has to be significant and change the outcome of the police report. If that information or evidence only corrects a minor detail or proves an insignificant mistake, then this is not worth doing. The law enforcement agency or police department may not even bother correcting it.

    If there is a serious and major mistake in the police report or crash report, then you should contact the officer who wrote it and point it out. If it is a serious or major mistake, the officer should issue a supplemental report correcting it. If the officer is not responsive to your efforts to contact him or her or does not act, then you should ask for that officers supervising sergeant. You should then notify the sergeant of the issue and any lack of communication from the officer.

    An email sent by Scottsdale Injury Lawyers to an officer

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    A Police Report Can Be Insignificant Or Detrimental To Your Case Since It Can Be Used As Leverage In A Settlement Negotiation

    Reviewed by David Goguen, J.D.

    After a car accident, any finding of fault the might be included in a police report is not as significant as many people may think. A police report is generally not admissible in court in a car accident case, so it’s not conclusive proof of anything. At the same time, such a report can be detrimental to your case, since it can be used as leverage in a settlement negotiation. Read on to learn more, including ways to fight the finding of fault in a police report.

    Were You Injured In A Florida Car Accident Schedule A Free Consultation To See How Our Injury Attorney Can Help

    If you were injured or hurt in a Florida car accident you need to speak with an experienced Florida car accident lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954-755-7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.

    Call Our Coral Springs Office today: 954-755-7803

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    What Details Does A Police Report Include

    This document contains the circumstances and facts of a car accident as the police see it and as reported by those involved. These details are important to insurance companies and lawyers when determining who was at fault for the accident. Reports may vary based on the state or the agency taking down the report. Some of those details may include:

    • Names and personal information of drivers and passengers
    • Insurance information
    • Violations of the law
    • Diagram and photographs of the accident scene
    • Possibly a statement of who may be at fault for the accident. Note that this is the opinion of the police officer who wrote the report.

    Contact Scottsdale Injury Lawyers Today For Help With Your Car Accident Or Injury Case

    How Do I Get My Police Report After a Crash? – Personal Injury Lawyer

    If you or a loved one was involved in a car accident and suffered injuries, contact Scottsdale Injury Lawyers, LLC today. Our firm has extensive experience helping individuals with car accident claims against insurance companies. An injury attorney is available now for a free consultation. If we take your case, it costs you nothing and we do not charge a fee unless we recover for you.

    About the author: The content on this page was written by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana . Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada . He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.

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    Meet The District Attorney

    Your next option is to speak with the district attorney assigned to the case, if there has been a DA assigned. Explain to the DA the reasons why you wish to drop the charges you filed with the report. If the reasons are that the wrong person was charged or that you made an error in filing the report, you will need to provide evidence to support your claims.

    What To Do If You Need To Dispute A Police Report

    Its worth bearing in mind that just because you dispute a police report, doesnt mean the officer will change it. After all, there is some subjectivity involved even in the roles of law enforcement officers, and they may interpret things differently to you, or may just presume youre attempting to avoid liability.If you need to dispute an accident report, heres what you should do:

    Read Also: Can You Check Your Police Record Online

    Factual Errors Vs Non

    If the police report of your car accident has factual errors, you can usually get the report amended to reflect what actually happened. This process is simple as long as you have documentation to prove the error on the report. A factual error would be something like having the wrong make of the car, or the wrong street name where the car accident occurred, or maybe the wrong time of day, etc. This is the time when all those pictures you hopefully took at the scene of the accident and the statements you gave to doctors will come in handy.

    If the errors in the police report are not factual or there is no proof to correct the error, amending the police report will be difficult. An example of non-factual error is something like a statement from a witness. If you dont agree with a statement in the police report, you have the option to write your own account of the event and request that it be submitted as evidence with the police report. Unfortunately, because this evidence is disputable, it may not be included with the report.

    Contact The Office Immediately

    Police Accident Report

    The minute you notice that the information provided in the police report from your incident is incorrect you need to contact the officer who filed said report. The longer you wait, the less likely it is that you will be successful in having the report amended. It will take some convincing to get the officer to change their report, but its not out of the question that it could happen.

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