This truly is adding insult to injury: you get badly hurt in a crash you didn’t cause, and then find out the police put you at fault. So many questions race through your head, but let me answer the most important one first.
Do I Still Have A Case?
It’s definitely worth pursuing. Remember this: police reports aren’t admissible in evidence. So you can relax; the ultimate decision about fault is decided based on live testimony. And here’s a shocker: if the officer testifies, he generally can’t give an opinion on whose fault it was.
Insurance companies know this, so you can counteract an inaccurate police report to get a settlement.
How Do I Overcome the Accident Report?
You gather and present other evidence showing the officer is mistaken. That’s where an experienced car accident attorney makes the difference— like we did for this mother and her child.
For example, you may get:
- Other witness statements. You might even have witnesses the officer didn’t speak to, and they might tell a different story from the one in the police report.
- Evidence from the scene, which could show the other driver’s story doesn’t add up. If the crash occurred near a business, you might even get surveillance video to prove exactly how it went down.
- An accident reconstructionist, if the crash is serious enough. These experts analyze crash evidence to make a detailed determination on who caused the accident.
How Could This Happen in the First Place?
Well, we’re all human. The officer didn’t witness the crash and may have gotten bad information at the scene, especially if you were on the way to the hospital when he arrived.
Naturally, the other driver wants to protect herself. Even if it's at your expense.
Right This Wrong
To have any hope of obtaining compensation, you’ll need professional help. The insurance company will adamantly stand behind the report until you convincingly prove it wrong. That requires a compelling presentation of admissible evidence.
You need a skilled, determined attorney who can investigate your case and convince the insurance company to let go of the mistaken police report. There's a lot more you''re risking by taking on the insurance company by yourself.
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