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Are statments made by one driver to the other after and at the scene of an auto accident admissable at trial?

Fort Lauderdale, FL |

At fault driver said he did not see my vehicle and was sorry.

The at fault driver also admitted to the police officer that he did not see me. That statement was in the accident report along with his citation.

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Attorney answers 9


The statement can be introduced as an admission. Of course, many times it is denied as ever being said.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Dennis Michael Phillips

Dennis Michael Phillips


Somehow, after speaking with their insurance-provided attorneys, defendants often forget ever making such admissions of liability at the scene... strange



Whatever the other driver told the police officer about the crash is not admissible as it is privileged under Florida's Accident Report Privilege.

if you were injured and do not have a lawyer, please hire one to protect your rights!

Michael R Crosner

Michael R Crosner


I am sure you are correct based on FL rules of evidence. Thanks for correcting my answer which was based on California rules of evidence.


As long as the statement was not made to the officer, it is admissible.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website


Yes you can testify as to whatever statements were made to you


Yes. The statement will probably be denied by the driver however at trial or even prior to trial when speaking with the insurance companies.




As long as those statements were not made to an officer, the statements will be admissible. However, like the other lawyers indicated--the driver will most likely deny ever making the statements. By any chance did any witnesses hear those statements made and can attest to them?

The information provided herein is not intended to be legal advice and no attorney-client relationship exists as a result. Before relying on any advice, please consult an attorney.


Yes, statements overheard at the scene can be testified to at trial. However, in Florida, the actual traffic accident report is usually not admissible.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


It is admissible at trial as an admission but the chances of the person repeating that admission, who later realizes he or she is being sued, is highly unlikely

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