One the most common questions regarding personal injury involving car accident is whether one has to have a police report in order to file an insurance claim for personal injury. In California a police report is not determinative of fault and in fact cannot be admitted into evidence in a trial for personal injury damages, although it can be used to refresh recollections of a witness including an investigating police officer.
A police report could be valuable if it properly documents witness statements, includes scene of accident measurements, reference to property damage, injuries, ambulance and hospital information, facts regarding the scene of the accident, weather conditions, road conditions, admission of fault by a driver who caused the accident, insurance information, vehicle owners' contact information, drivers' contact information and other information that could be useful to a claim adjuster, your personal injury lawyer, an insurance defense lawyer defending a lawsuit against an insured who caused the accident.
A car accident police report is done for the benefit and pursuant to police department's mandated investigation procedures, once police arrives and investigate the accident scene. A police report is not done to help a party at scene of the accident with their personal injury insurance claim or lawsuit. Insurance companies often rely on police reports to resolve lawsuits or car accident personal injury claims. However, when the value of a claim is high, hence the injuries are catastrophic, and the insured is disputing facts within the police report, car insurance companies do not rely on the determination of fault by traffic police officer. Similarly, a capable car accident attorney will fight for his or her client despite the police report placing fault on the lawyer's client. At the Majlessi Law we have, on numerous occasions, gone to trial to vindicate our clients' rights for injuries in car accidents where our clients were placed at fault in police officers' police report.
So, you do not need a police report to file a claim with defendant's insurance company or file a lawsuit against the party at fault. In fact police report is not admissible as evidence in any court of law in California. The Majlessi Law Firm has handled thousands of injured clients' car accident cases regardless of conclusions of the investigating police officers' determination of fault.
If police report inaccurately attributes fault to you, you still have the right to fight in a court of law to recover damages for your injuries. Call the Majlessi Law Firm car accident injury lawyer team for more information, and to learn how we can help you.
The Majlessi Law Firm Car Accident Attorneys
("Legal information found on this page does not constitute legal advice.")