Car accident injury

Asked over 2 years ago - Los Angeles, CA

I was a passenger injured in a bad car accident on a Friday but did not have any externally visible injuries. The police report does not list any injuries for me. But I was in some pain and went to the doctor the next working day (Monday). I turned out I had 2 minor fractures.

Is it a problem that the police report lists that I did not have any injuries for claiming damages? I don't think they took any statement from me on the spot but I am not certain (I did speak to them)

Is the police report injury sheet filled out after statements? Is it treated as conclusive evidence?

Additional information

The doctor has indicated the accident caused the injuries

Attorney answers (14)

  1. Donald Steven Sjaarda

    Pro

    Contributor Level 12

    11

    Lawyers agree

    Answered . You do not need to be concerned about the information on the police report. Officers investigating accidents are primarily trying to decide if anyone should be charged with a crime. Insurance companies look to police reports for the basic facts of an accident but the reports often contain errors and omissions. The police report is hearsay and will not be admitted as evidence at trial. You should speak to a personal injury attorney without delay to discuss your rights arising out of the accident.

    This response applies only to California law, is not intended to be legal advice to any individual and does not... more
  2. Jame P Mascaro

    Contributor Level 11

    10

    Lawyers agree

    Answered . No, the police report is not conclusive evidence of your injuries. In fact, in your case, it's probably mostly irrelevant for purposes of determining whether you were injured. Your doctor's report is the most important evidence of your injuries. You should obtain and keep a copy of any medical records.

    If you want an attorney's help, you should call a personal injury attorney.

    Jame P. Mascaro, Esq.
    9160 Irvine Center Drive, Suite 200
    Irvine, California 92618
    Tel: (949) 769-3610
    Fax: (888) 491-2961

    Personal injury attorney serving clients throughout Southern California, including Orange, Los Angeles, Riverside, San Diego and San Bernardino counties.

    The information presented on this site is not intended as legal advice. Neither receipt of information presented... more
  3. Gordon Ralph Levinson

    Contributor Level 14

    9

    Lawyers agree

    Answered . This may or may not be a problem. If the doctor attributed the fractures to the accident in the chart note, that should override the police report.

    Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter... more
  4. John Gus Zgourides

    Contributor Level 17

    10

    Lawyers agree

    Answered . The police officer is not likely a physician. Hire a local personal injury trial lawyer now.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  5. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . It is certainly resonable to not know you had a fracture right away. Waiting the one day should not cause you a problem.

  6. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . I suppose you would have a problem if you act in this case without an attorney.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more
  7. Steven Mortimer

    Contributor Level 11

    9

    Lawyers agree

    Answered . Your question raises many issues which need additional information to answer fairly. Generally, the basic fact pattern you presented does not raise significant problems.
    You should talk with a local attorney who limits their practice to injury law.

    No attorney client relationship is created by the above response. The above response if for general information... more
  8. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . While a certain amount of weight is given to police reports, they are not treated as conclusive evidence. Find an attorney to handle this for you. Police reports are often missing information or contain misinformation. It is also not uncommon for people to think that they are not injured and for it to take a few days for injuries to manifest and be diagnosed. The extent of damages to which you might be entitled will depend on CA law, so I cannot address that.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce... more
  9. Garrett David May

    Contributor Level 8

    6

    Lawyers agree

    Answered . The information in the police report is not likely admissible evidence as both you and the police officer are not medical doctors and cannot diagnose injuries. It is very common for people in motor vehicle collisions to tell the investigating office that s/he is not injured, only to later discover that s/he is, in fact, injured are requires medical treatment.

    Nevertheless, you would be well served to contact a CA personal injury attorney without delay.

  10. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . The police report will not preclude you from getting compensation for the injuries caused by the collision. Feel free to call me to discuss this matter.

    S. David Rosenthal
    ROSENTHAL LAW
    2251 Douglas Blvd., Ste. 120
    Roseville, CA 95661
    Phone: (916)774-7200
    Fax: (916)774-7203
    sdr@drinjurylaw.com
    www.rosenthalinjurylaw.com

  11. Christopher E. Russell

    Pro

    Contributor Level 5

    6

    Lawyers agree

    Answered . No, the police report is not evidence at all of the injuries you sustained. It is hearsay and more importantly the police officer will not qualify as a medical expert at the time of trial and so his opinion as to whether you did or did not sustain any injuires will not be allowed into evidence upon proper objection. You do need to consult a good personal injury attorney in order to make sure the police report cannot be used against you by the opposing insurance company as they will attempt to do so. Carriers never believe any one is ever hurt and they will try to argue that you sustained those fractures elsewhere as silly as that sounds. You have a claim that has potential value but only an attorney who practices personal injury law will be able to extract that full value from a carrier who want to give you $100 for your "trouble". Don't let that happen to you. Make sure the attorney belongs to one or all of the Plaintiff attorney associations such as CAOC, CAALA, OCTLA or AAJ.

  12. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Your claim is still valid. You always want to memorialize your injuries as
    soon as possible after your accident.
    No virus found in this message.
    Checked by AVG - www.avg.com
    Version: 2012.0.2195 / Virus Database: 2437/5133 - Release Date: 07/15/12

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  13. Phillip Charles Gilbert

    Contributor Level 10

    6

    Lawyers agree

    Answered . I generally agree with the other responses and wriote only to note that it is quite common for someone "in shock" not to recognize injury while in that condition (the term "shock" is used somewhat loosely in this context and includes someone who has just been involved in a traumatic incident that triggered a release of endorphins and/or enkephalins - chemicals contained in our brains - which occurrence is known to have the potential to mask one's pain symptoms).

  14. Joel Jay Kofsky

    Contributor Level 14

    5

    Lawyers agree

    Answered . Hire a local attorney who will easily show through your medical records that your injuries were related to the accident.

    http://www.phillyinjurylawyer.com/

    Please note that we are not forming an attorney - client relationship and the advice is meant to be general.... more
One or more answers have been taken down.

Related Topics

Damages for personal injuries

Damages in personal injury cases generally compensate victims for their losses, but some damages are also meant to punish the injurer.

William J. Driscoll

Wrongful Death 101 (Kentucky)

Statute of Limitations: Wrongful death cases must be filed within 2 years of the date of death, but no later than one year from the appointment of the executor or administrator in probate... more

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,755 answers this week

2,254 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,755 answers this week

2,254 attorneys answering