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What Should I Do If There Are Errors in a Car Accident Police Report?

November 29, 2024
car accident lawyer

Car accident police reports act as key evidence of who was liable in a crash. Officers create them after taking notes at the scene of the accident and speaking to all drivers involved. But what happens if a police report contains errors? 

You can request a modification to your police report with the help of an experienced lawyer for the victims of car accidents

Common Types of Police Report Errors That Impact Accident Outcomes

The type of error in your police report affects the likelihood that the officer will accept your request for modification. 

  • Factual errors: Errors in factual information, such as the spelling of your name, your birth date, the time of the accident, or the street where the accident took place
  • Transcription errors: Errors in how the officer transcribed what you told them. Maybe you said you were driving at 35 mph, but the officer erroneously wrote “45 mph.” 
  • Errors of omission: Police reports should be detailed and comprehensive. Errors of omission happen when the officer leaves out an important detail, such as mention of your injuries resulting from the accident. 
  • Errors in subjective information: After reviewing all of the information surrounding the crash, the officer draws a conclusion about who was at fault. This conclusion is subjective, and you and your lawyer may disagree. 

How Errors in a Police Report Affect the Determination of Fault

While police reports are not legal documents, they still carry weight in accident investigations and insurance claims. Insurance companies use police reports to inform their fault determination. If a report erroneously pins the blame on you for an accident, the insurer may assign you a larger percentage of fault than the other driver, reducing your compensation award or even barring you from seeking damages. 

If your accident case involves legal proceedings, the other party’s attorney may use the incorrect police report to support your liability in the accident. Seeking corrections as soon as possible with the help of a lawyer for the victims of car accidents minimizes their effect on your case. 

How To Request a Modification to a Police Report 

After finding inaccuracies in the police report, alert your attorney and begin the process of seeking a modification. The longer you wait, the more challenging it may be to correct the report. You’ll also need to have the police department send a revised copy of the report to all parties involved.

  1. Contact the police department: Call the police department that issued the report and inform them that you have found an error in a police report and would like to request a report correction. 
  2. State what you believe to be in error and how you know it is wrong: Provide as much evidence as you can to support your claim. This may include photos of the accident scene, witness statements, or medical documents. If the report contains an error of transcription, try sparking the officer’s memory about what you told them. 
  3. Sign an affidavit: The officer may request that you sign an affidavit stating that the new information in the report is correct. 

If the police department refuses to correct the report, your attorney can help you file a complaint with the department. 

Our Dedicated Attorneys Can Help You Seek Police Report Corrections 

Accident scene documentation should accurately reflect the circumstances of your crash. Our attorneys can help you bring police report errors to light and prove the other party’s negligence in your accident, helping you seek maximum compensation. 

Contact Fadduol, Cluff, Hardy & Conaway, P.C., today at 800-433-2408 to schedule a free consultation with a lawyer for the victims of car accidents.