Police Reports

There’s no denying the important role a police report can play in regard to your car or truck accident, but is it the final word?

Not necessarily.

The following list of questions and concerns were put together by the attorneys at Keller & Keller. This list represents common questions and concerns posed to them once the client has had a chance to review their police report:

How could the officer have gotten my report wrong?
The purpose of a police report is to provide a non-biased account of the facts surrounding your accident. And though the facts on a police report generally contain a great degree of accuracy, the fact remains that this report is completed by an officer who likely was not present at the time of the crash, so he or she is sometimes forced to rely on eye witness accounts, minimal physical evidence, or the conflicting stories of the drivers involved.

Is it possible to have the facts of my police report changed?
Yes.

If you read the report and don't agree with it, you are legally within your rights to contact the investigating officer and request an amendment regarding the facts surrounding your report. However, keep in mind that it's solely at the discretion of the officer if he or she chooses to amend your report.

Based on our experience, officers rarely change the facts of a report unless you are able to produce an independent witness that was at the scene of the accident, or you are able to present some other form of substantial evidence that contradicts the officer's findings.

Why didn’t the officer take my statement?
If you sustained severe injuries in your accident, it’s possible that the officer was not able to take your statement due to your condition. Officers will sometimes visit you at the hospital to obtain a verbal account of your version of the events, however, this does not always happen.

Again, if you feel that your statement was not included, and it is different from what the police report states, it's wise to contact an attorney so that they can help preserve any possible evidence that may protect your case.

What can I do if the officer never turned in the report?
A police officer’s work requires them to complete a large amount of paperwork, so sometimes you’ll need to simply exercise patience. Depending on the number of accidents an officer responds to in a given week, it’s possible that it may take two weeks or longer until your report becomes available.

If it has been over a month and you still have not received your report, you should contact the responding officer’s headquarters to obtain a status. Many times there will be an information coordinator that can give you an update regarding your report and possibly put you in touch with the officer who worked the scene of your accident.

Why didn’t the officer take witness statements?
An officer may feel that there is enough physical evidence at the scene to support their interpretation of what happened in your accident, thus they don’t include witness statements. Sometimes there are simply no unbiased witnesses present at the scene.

It’s for these reasons that it’s always an excellent idea to obtain the names and numbers of any witnesses to your accident. Remember, independent witnesses can be the difference between having a case, and having no claim whatsoever.

How will I know if the officer took photos?
Officers are not required to take photos of your accident scene. Usually photos are only taken if the accident is severe, or the circumstances surrounding the accident are considered unusual.

If photos were taken, the officer will note this on the police report. Usually this notation will be found in the narrative, or in another area that contains a small ‘check box’ next to a photo caption.

The police report says the other driver had no insurance. Is there anything I can do?
If the officer marks “unknown” or “none” in the box for the other party’s insurance information, you should immediately contact an attorney. It’s possible that the other driver does have insurance, but you’ll likely need professional assistance in locating this information.

A passenger in my car (or in the other driver’s car) was not listed. Why?
An officer’s first duty at the scene of any accident is to secure the crash site and administer aid to any injured parties. Sometimes the occupants of the car have already gotten out and are intermixed with bystanders, or maybe they have not properly identify themselves at the scene.

There can be many reasons all of the parties were not listed on your report, however, if you or someone else were not listed on a police report, it does not mean that you don’t have a claim.

Remember, the police report is often the first piece of evidence Keller & Keller will attempt to obtain on your behalf, but it will not always have the last word.

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