A Legal Guide to How Your Police Report Can Make or Break Your Georgia Car Accident Injury Case
Key Points:
- When a police report shows the other driver was at fault for causing your injuries, you may be able to use some or all the report or testimony from the investigating officer as evidence to prove your case.
- Georgia police reports are often used by car accident lawyers or those representing the insurance company to argue fault and as part of the settlement demand.
- The insurance company can challenge information and conclusions included in a police report, and when this happens, a lawsuit may be needed.
- In a Georgia personal injury trial, the police report may be admissible as evidence as business record.
Table of Contents
How Georgia Police Reports Are Used In Car Accident Claims and Lawsuits
Police reports are used in car accident legal claims to help accident victims prove what happened at the time of the wreck. Without a police report, it can make obtaining more compensation challenging.
The best way to ensure a police report is created for a car accident is to call the police after a car accident. Especially if there are damages exceeding $500. After the police officer arrives at the accident scene, the officer will collect evidence and detail the findings of their investigation in a police report.
When an officer arrives at a car accident scene, their main tasks are to determine who is at fault and to identify any traffic laws that might have been violated during the incident. It’s crucial to recognize that these conclusions are the officer’s judgments based on the information available at that time. However, insurance adjusters and personal injury lawyers usually place significant importance on the officer’s perspective. This is because officers are generally unbiased and strive to make fair judgments using all the information they have gathered. All of which is recorded in the police report.
If the police report states that the other driver is at fault and not you, it’s an excellent beginning for a car accident legal claim. While other factors are needed to secure more compensation, this is a strong start. This is because the report serves as documented evidence that can support your case.
If you’d like to get a copy of your police report, you can request it from the responding agency or through BuyCrash.com.
What Exactly Is in a Georgia Police Report?
In Georgia, a police report is a comprehensive summary that outlines the police officer’s investigation, findings, and conclusions regarding the car accident. Multiple police reports may be generated for the same accident, especially when more than one officer or department responds, or when the initial report requires additional information to be included.
Date, Time, Contact Info, and Location
A police report concerning a car accident will contain important details of the event such as the date, time, and location of the crash, along with the names, addresses, phone numbers, and insurance information of the involved drivers. The police report should also contain descriptions of the damage to the vehicles, how the accident happened, and the contact information and statements of eyewitnesses.
Witness Statements
A police report should include statements taken by the officer from drivers, passengers, and eyewitnesses. Some police reports contain supplemental statements from witnesses. Therefore, when requesting a police report be sure to include a request for both the original report and any supplemental reports or statements.
Photographs and Visual Evidence
The police officer, especially if he or she is an accident reconstruction expert, may take photographs of the accident scene and vehicle damage. Even if photographs are not made, evidence and witness interviews are often recorded by police and law enforcement body cameras and patrol car cameras. Body and police car camera recordings can be important evidence later when negotiating settlement or trying the case to a Judge or Jury.
Descriptions of Weather Conditions or Other Contributing Factors to the Accident
In addition, the officer typically notes their observations regarding road and weather conditions and creates a diagram of the accident scene. Any necessary service calls are also documented within the report.
Furthermore, police reports typically include driver identification, vehicle descriptions, ownership details, and insurance company information for each driver.
Traffic Citations and Descriptions on Laws Broken
The officer may issue a traffic citation if they believe a driver has violated a law or ordinance, and this citation is documented in the police report. Additionally, based on their investigation, the officer may establish their opinion regarding the party they believe is responsible for the accident, with these conclusions detailed in the narrative section of the police report.
If Information is Missing in a Police Report, Can it Be Added Later?
If you feel that a police report is incomplete due to the officer not documenting all the facts about the accident, or that it is incorrect, it may be possible to have the report amended or corrected. Generally, you must contact the police department or officer responsible for creating the report. Policies may differ from department to department as to whether the report can be changed or amended, if at all.
Can Information in a Georgia Car Accident Police Report Be Challenged?
Yes, you, your lawyer, or representatives of the insurance company can challenge the contents and information in a police report. In most cases, the police officer did not witness the accident, and, instead wrote down thier perceptions and conclusions after investigating the scene and interviewing witnesses. It is certainly possible that an officer makes a mistake or that he or she was told incorrect information by a driver or witness.
at fault and to understand the complete set of facts surrounding the accident. This information aids them in deciding whether to settle the claim and, if so, the appropriate amount for the settlement.
Can a Police Report Be Used as Evidence in a Car Accident Lawsuit?
Yes, a police report can be used as evidence in a Georgia car accident case. Under Georgia law, a police report is an admissible document in a court of law, subject to some redactions of inadmissible portions of the report, such as insurance information.
Is a Police Report Required to Receive Compensation for a Car Accident Claim?
No, lacking a police report can complicate matters, but it’s not insurmountable. A police or incident report is valuable as it provides insurance adjusters and car accident lawyers with an experienced police officer’s perspective on the event, but there are other means of proving what happened such as eyewitness testimony, photographs and video recordings.
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Challenges That Come with Using a Police Report as Car Accident Evidence
You may have some challenges to overcome if you want to use the police report as evidence in your car accident claim. Depending on how the police report was written, an insurance carrier can still use the report or the officer’s conclusions to deny your claim. Even if the report states you were not at fault, an insurance company may still argue for a different conclusion, making a successful settlement negotiation difficult.
You will usually want to get a copy of the police report as soon as possible to pursue compensation for your damages. It can take several days or longer to get a copy because some officers and departments do not finalize their reports for up to a week.
In Georgia, drivers involved in car crashes are required to have a police report made if the accident results in property damage exceeding $500, injuries, or fatalities. Most reports are automatically created by an officer who responds to the scene. If no officer responds or is called, while Georgia law does not specify a strict deadline for filing a police report, you may call the police later and make a report. We recommend doing so promptly as this can can crucial for any subsequent insurance claims or legal actions.
In your Georgia accident or incident report, some information may be blacked out or redacted to protect personal and sensitive data. Georgia law mandates the safeguarding of personal information such as social security numbers, driver’s license numbers, and personal addresses to prevent identity theft and protect individual privacy. Lawyers investigating an accident are often able to obtain an unredacted copy of the report for use in pursing a Georgia personal injury claim.
