How to Get a Police Report Amended

//How to Get a Police Report Amended

How to Get a Police Report Amended

Car accidents generate a flurry of paperwork. As you try to manage car insurance information, medical bills and rental car contracts, it’s easy to lose documentation in the shuffle. One piece of paper you definitely don’t want to lose is your police report. An official overview of who was involved and how the accident occurred, a police report isn’t just necessary, it’s invaluable.

Police reports are completed by officers on duty at the time of your accident, and because they’re only human, human errors are bound to occur. Thankfully, there are steps you can take to make necessary changes. If you’ve found an error in your police report and need it amended, keep reading to find out how to do so.

Necessary Reports

Created by the police officers responding to your crash, police reports are issued for virtually all accidents that result in damages. Always call the police to report your accident as soon as it is safe to do so. Police will arrive, assist with redirecting traffic around the collision and ensure that anyone injured receives the medical attention they need. The police report will be filed soon afterwards, based on information collected at the scene.

Police reports are often one of the first pieces of evidence that insurance claims adjusters and attorneys will evaluate. Though generally not admissible in court, police reports are important tools for determining liability. It also records the contact information and statements of drivers involved in the accident. Witness statements are also sometimes included in police reports.

Considering all it entails, it’s no surprise that the police report is often the crucial piece of evidence to determine liability. That’s why it’s so important that the facts included in the police report are correct. Of course, there are differences between facts you might disagree with and the factual errors that are objectively incorrect.

Factual Errors vs. Disputed Facts

Mistakes happen, but when errors are made on police reports, the victims of the car accident often shoulder the subsequent fall out. While it may seem as though the facts in a police report are set in stone, that is not always true. Of course, some facts are easier to alter than others.

Let’s say you got involved in an accident on Peachtree St. If the accident report says that the incident occurred on Peachtree Ave., you’ll want to get the report amended. Thankfully, changing factual errors is generally pretty easy. You’ll need to provide proof of the correct information when you reach out to the officer who wrote your report. Generally, as long as you can provide evidence of the actual correct details, factual errors are easy enough to amend.

Disputed facts, however, can be a little more complicated. If you or your attorney disagree with how the police officer characterized an incident, you may have to fight an uphill battle in order to get it altered. For example, if your Peachtree St. crash occurred because the other driver involved ran a red light, you’d likely feel aggravated when you see the police report claimed that the light was green at the time of the wreck.

Such facts are virtually impossible to disprove. Unless you have a dash cam setup with video evidence that the other driver did indeed run a red light, it will be difficult to get the report amended. Still, you have options: write up your version of what happened and ask to attach your account to the official police report. In most cases, it will be up to the police officer who wrote the report whether or not to grant your request.

Amending the Report

Every police department handles accident reports slightly differently, so you should always reach out via their non-emergency number to ask about the best way to handle changes. Be ready to show evidence of your claims in order to successfully have the report amended. Remember to be polite and to act quickly: police may have written up dozens of reports in the last week or two, so be respectful of their time.

Legal Help for Accident Victims

If you have spotted errors on your accident report and need help making necessary changes, consider reaching out to a local car accident attorney. They can assist you with finding evidence to disprove the error and get the police to cooperate with your request. Lawsuit Info Center can connect you with an experienced, knowledgeable attorney in your area today.

Our free service helps those who have been hurt in car accidents all over the country. We can give you insight into how much your claim could be worth, which lawyers in your area could help and what steps you should take next to protect your best interests. Reach out today to seek the justice you deserve in the wake of an accident.

Frequently Asked Questions:

Why would I need to amend a police report after a car accident?

If you have been in a car accident, you know the first step is to exchange insurance information with the other party involved and to call the police so they can file an accident report. Information filed within the police report can heavily depend on weather you are found at fault for the accident or not. But as we know, people make mistakes and errors are sometimes included within the report. In the situation where errors are made in a police report, it is not necessarily set in stone. Changes can be made to the report otherwise known as “amending” the police report. Amending a police report is simple, yet changes will only be made if provided with strong concrete evidence to support your claim. There are many reasons you might need to amend a police report including:

  • Incorrect spelling
  • Wrong name, birth date, license plate number, make/model of car
  • Insurance forms
  • Registration records
  • Incorrect testimony (you reported that you were going 20mph and the officer recorded that you were going 30mph)
  • Error in the witness statement

Can I be charged to amend my police report?

If you notice something on the police report that you believe is incorrect and are looking to get the police report amended, it will be free of charge. This requires no money involved. Some types of reports cost money to obtain however, will never cost to amend. For example, in the city of San Jose, California the cost to obtain an accident report is $16 per copy.

How much time do you have to file a police report after a car accident?

After an accident occurs, you may be frazzled with having to deal with so many variables that go into the aftermath of a collision. It is always a good idea to file a police report in order for the insurance adjusters to determine who is at fault among other things. But how much time do you have to calm down and file that police report before it’s too late? Each state has different laws regarding this situation. For example, in Alabama you must file within 30 days but in California you only have 10 days. Many states including Colorado, Georgia and Louisiana all require you to report the accident immediately over the phone. It’s always a good idea to immediately report the accident as a safety net. You never know what other mishaps may occur in your life causing you to become distracted and miss the deadline or forget to file a report altogether.

Can a police officer change an accident report?

It is possible to change an accident report if there are mistakes present within the report. You can provide the officer who made the initial report with a letter requesting an amendment with factual evidence of what mistakes were made and how they should be fixed. The officer can then make the changes needed by simply attaching an addendum to the report and clarify the error. In the event that there are factual errors such as the wrong license plate or color of the car, the officer can easily fix this mistake. On the other hand, if you are looking to make adjustments to a detail that is up for debate it will be difficult to get consent from the officer to change the report.

What is a Supplemental Police Report?

A supplemental police report is just that; a report that supplements the original report filed by the officer that investigated the initial incident. The information contained in a supplemental police report can range from minor to major. A noise complaint from music being played too loudly at a party could be included in the supplemental report or the discovery of a weapon days after the commission of a crime by a passerby could be in the supplemental report. It’s also possible that additional witness statements could be provided in a supplemental police report.

Using Supplemental Police Reports

There are many police departments that do not allow the use of supplemental police reports because they do not request the same amount of in-depth information as an initial police report. There are times when departments must allow the use of supplemental reports due to additional information becoming available after the initial report was filed. Another instance when a supplemental report is used comes when there are multiple officers working on an investigation. Each officer might be asked to file their own supplemental report to be attached to the initial report.

Requirements for Supplemental Reports

As mentioned earlier, some police departments require the filing of an initial police report first before a supplemental report can be used. There are some departments that allow the public to visit their website and download supplemental reports. There are others that allow the public to file a supplemental report for a non-emergency incident, such as a car accident that did not involve any injuries.

When Supplemental Reports Cannot be Used

Police departments across the country typically don’t allow the filing of supplemental police reports in any of the following circumstances:

  • Evidence has yet to be collected
  • The situation is still an actively dangerous one
  • If the info is in relation to the location of the suspect
  • If the filing is being used to report gunshots
  • Vehicle theft
  • Domestic violence
  • Significant property loss

A supplemental police report is an important document that many police departments use in various situations. As with regular police reports it’s possible for a member of the public to request a copy of such a report when necessary.

Can You Drop a Police Report?

The question of dropping a police report is a common one. Many people who are named in police reports or those who file them often ask this question because they want to have the report dropped. The easy answer to this question is that a police report cannot be dropped once it has been filed. The only option you have is to get the charges filed against you due to the police report dropped from your record. When it comes to having charges dropped you will need a lot of help in order to be successful. If you were the one who filed the report you can request that the charges be dropped.

Speak with Police

The first thing you need to do if you wish to drop the charges filed in the police report is to speak with the police department where you filed the report. The police are not permitted to drop the charges at your request, but they can make note that you wish to drop the charges in the report.

Meet the District Attorney

Since this will be a dead end you need to move one step up the chain of command after speaking to the department where you filed the report. Your next option is to speak with the district attorney assigned to the case, if there has been a DA assigned. Explain to the DA the reasons why you wish to drop the charges you filed with the report. If the reasons are that the wrong person was charged or that you made an error in filing the report you will need to provide evidence to support your claims.

Talk to the Defense Attorney

If the District Attorney decides to continue prosecuting the person named in the police report your next option is to speak with the defendant’s defense attorney. Offer your testimony and evidence to the defense attorney and be prepared to testify in front of a judge and jury if the case reaches trial. Your testimony will help the defendant reach a possible acquittal.

How Do I Contest a Police Report?

Police reports are documents filed by an officer following any type of incident. These incidents can be minor in nature or major. Any member of the public can call a police department or visit one to file a police report. Many reports are filed following a minor car accident that involved property damage but no injuries, which means the police might not have been called to the scene. What if the report filed by the police was incorrect? Are you able to contest the report?

Contact the Office Immediately

The minute you notice that the information provided in the police report from your incident is incorrect you need to contact the officer who filed said report. The longer you wait, the less likely it is that you will be successful in your quest to have the report amended. It will take some convincing to get the officer to change their report, but it’s not out of the question that it could happen.

File a Complaint

The next option you have is to file a complaint. Speak with your attorney about the report and have them file a complaint with the police department on your behalf against the officer who filed the report. Should you provide plenty of evidence, the department might be able to convince the prosecution to either drop or lessen the charges.

Request Access to Personnel File

It is possible in some jurisdiction to request access to the personnel file of the officer who filed the police report. This would be done to find out if the officer has received similar complaints about filing incorrect or false reports. If this is the case, your defense attorney can argue that the officer has a history of making false reports. This could lead to the charges being dropped or reduced.

How Long Does a Police Accident Report Take?

You were involved in a car accident and want to know the results of the investigation, but how quickly can you obtain the police accident report? This is a common question many drivers wish to know the answer to and rightfully so. The length of time it takes to obtain a police accident report varies based on three factors: the agency responsible for filing the report, how severe the injuries from the crash were, and if the investigation is still ongoing because of a crime (DUI or fatality).

Agency Responsible

The agency responsible for filing the police accident report is the most common cause of these reports being delayed. Even if there is no active investigation some law enforcement agencies take their time to file the police report. Why? There isn’t always a particular reason for this. It could be that the investigating officer is out on leave, is on vacation, or simply has yet to complete the report.

Severity of the Injuries

Some police accident reports can be delayed in filing because of the severity of the injuries caused by the crash. If the injuries were traumatic, such as brain injuries, amputation, or paralysis, the report might not be filed until a medical diagnosis has been issued. The police officer filing the report might also hold off on filing the report until he or she has the medical records of the victim.

Criminal Investigation

If the accident led to a criminal investigation because it involved driving under the influence or a fatality, the police report will be delayed. These investigations take months to complete, which means the police report might not be available for up to six months or more from the date of the accident.

Most police accident reports take no longer than seven days to be filed and available to the public if the injuries were minor and there is no criminal investigation.

By |2018-10-30T12:43:00+00:00March 21st, 2018|Car Accident Lawsuits|0 Comments

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