Can a police officer claim he wrote the report incorrect after the insurance co. from other party contacts him?

Asked over 1 year ago - Commerce, GA

The report says ",for unknown reasons the driver of V1(other party) lost control of the vehicle when it became involved in a side to side whip.The rear of V2 struck the left front of V1. V2 then traveled north through the center median and struck the center arresting wire. V2 then rotated clock wise(he spelled it as two words) coming to rest facing west against the arresting wire." There were no witnesses to come forward and the officer gave no citations. Now the officer is telling the insurance co. he wrote the report up wrong and it was my sons fault At the scene the officer said he could not determine who was at fault..What do you do? THANKS

Attorney answers (7)

  1. Samuel Aaron Coffey

    Contributor Level 10

    6

    Lawyers agree

    Answered . A report can be changed but the officer will not be able to testify to what he was told about the accident if he was not a witness. He will only be able to speak to the forensics evidence. (Skid marks, dsge to vehicles and final rest of the vehicles as he observed them.)

    Samuel A. Coffey, Esq. ABRAMOWITZ, POMERANTZ & COFFEY, P.A. Belle Terre of Sunrise, Suite 101 7800 W. Oakland... more
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . An officer changing the report makes both versions pretty useless, as no one will likely believe his changing testimony. Discuss this with your son's lawyer, and, if he doesn't have one, get one.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. Lisa Marie Blasser

    Contributor Level 10

    5

    Lawyers agree

    Answered . An officer can file a supplemental report based on information he or she received after completion of the original report. You really should consider hiring an attorney to review the entre case and determine whether it is in your benefit to: (1) merely document the officer's statements about your son's liability and later use this information to impeach this officer, especially if you intend to file a lawsuit; and (2) to request a supplemental report from the officer while indicating the contradiction. If your son was injured and you are attempting to settle his claims with the other party, the crux of your case could depend upon the officer's statements -- so, take caution in doing anything without a competent legal review of the entire accident. Further, if it is the offending driver's insurance company that is telling you the officer is making this statement, you may want to verify that the officer actually said this and that this is not just a tactic to get you to settle your son's claims. At a minimum, document all communications with the officer in writing. Best of luck to you.

    The above information does not constitute legal advice and does not form the basis of an attorney-client... more
  4. Christopher Steven Hoffmann

    Contributor Level 14

    4

    Lawyers agree

    Answered . An officer is free to change his car accident report just as you are free to report him to Internal Affairs. Call a local attorney. Make sure to obtain both copies and send a letter to the officer that his is changing the report after the fact. Further, that this occurred after discussion with the insurance company who was not a witness to the accident. Finally, that you are requesting a copy of both police report and the field notes taken by the officer. Report the officer to internal affairs and submit all of this information with it. Another option is to report the officer to the State Highway Patrol.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.
  5. Robert G. Rothstein

    Contributor Level 14

    2

    Lawyers agree

    Answered . The officer can write whatever he wants but only the evidence will prove the truth as his report is hearsay and not evidence. Since no citations were issued, there is no traffic or other court involved. Therefore, if the other ins. co. refuses to pay your damages, whether they tell you their reason is the police report or the position if the sun and the moon, YOU would have to bring the matter to court by filing a lawsuit and use the forensic evidence available to prove who was at fault. Unless you have a small claims court in your jurisdiction, if the only damages are to your vehicle, with no personal injuries to your son (thankfully), it may not be economically feasible for you to pursue the matter through litigation.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and... more
  6. Robert M. Gardner Jr.

    Contributor Level 18

    2

    Lawyers agree

    Answered . There may be many reasons why he changed the report, from having help from an accident reconstruction done afterwards or that he was unduly influenced by the insurance company. It sounds like the other side is getting ready to deny liability and go after your insurance company. You need to get in touch with your own insurance company to make them aware of the pending claim, as well as hire an attorney to discuss what you need to do to pursue a claim on behalf of your son. Your insurance company may hire a lawyer to defend a claim, but not to pursue one in your own interest. The other side has already been working, so you need to be doing so as well.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Have your son report the accident to his insurance company to resolve. If your son was injured, he can retain a local personal injury lawyer to investigate.

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