When you are involved in a car accident that involves injuries, blocks traffic, or creates a safety risk, police are usually dispatched to the scene. How the officer completes the accident report can have an impact on the success of your claim with your own insurance company or your claim with the at-fault party’s insurance company.
1. The report is incomplete.
Police officers have a lot to do at the scene of an auto accident, and their duties range from assessing the situation to moving participants to safety, determining who needs medical attention and securing the scene with flares or other cordoning efforts, finding witnesses and interviewing them, and administering sobriety tests. These many duties mean there is a possibility the officer overlooks an important detail.
2. The assessment is inaccurate.
Police officers undergo special training so they can accurately investigate vehicle accidents of any kind. It’s the officer’s responsibility to determine the cause of the accident. If the cause is misinterpreted, vague, or incorrect, that can impact your insurance claim.
3. The officer forgot something.
Because police officers do not typically create the official police report at the scene of the accident, their notes could be incorrect, misinterpreted, or insufficient. They should be taking note of the date, time, and location of the accident, as well as names and contact information (of parties involved and witnesses), vehicles (license plate number and VIN), witness statements, potential causes, conditions at the scene, injuries, and damage.
4. The at-fault information is incorrect.
You may get a ticket after your accident. The police report may state who the police believe was at fault. Neither of these situations mean that anyone is innocent or guilty of causing the accident. And assigned fault does not indicate that someone will be found liable for causing the other party’s injuries.
5. There is poor follow-up.
In many car accidents, officers conduct additional fact-gathering, which could include following up with the participants or further questioning of witnesses. They may visit participants at the hospital to get an update on their injuries and condition. Neglecting to follow-up can happen, and it can be to the detriment of an accurate police report.
The Police Aren’t Always Right
Remember, a police report is usually the most adequate assessment of an accident, but the report can also have errors, and you should not allow yourself to be intimidated by the findings of a police report or anyone in law enforcement. Just because you may have been ticketed that does not mean you don’t have a right to sue. You know what happened in your car accident, and if you have suffered injuries or property damage because of it, the right Michigan car accident lawyer will help you seek compensation.
If you are in a condition to do so, take your own notes, photos, and video at the scene of an accident. Comparing the police report with your assessment of the situation, as well as discussing matters with the insurance companies, are all responsibilities your lawyer will undertake on your behalf. The more details and physical evidence you provide the better.
Police are supposed to help you, to be on your side, to protect you, to be fair and impartial. But that isn’t always the case. Don’t allow a police officer’s opinion of your accident affect your ability to secure compensation for your pain and suffering. Police reports are persuasive, but they are not the final say.
Car accidents are always a big deal, no matter the circumstances. If you have been injured or a loved one has been killed in an auto accident, contact an experienced Michigan auto accident lawyer at Thurswell Law. Your consultation is free and we do not charge any fees unless you collect. Call (248) 354-2222 today.
