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Do I HAVE TO request to amend a police accident report if "my statements" in it don't match my real view of the accident?

San Jose, CA |

If the police version of "my statements" is not accurate (e.g., the officer didn't include all I said or misunderstood some of it), do I HAVE TO make a request to amend it? Otherwise, if the claim goes to the court and it turns out that my real statements don't quite match the police version in the report, would that be a problem?

Attorney Answers 7


  1. No, you don't have to but it will help you settle with the insurance company. California Evidence Code does not allow police reports into evidence in a trial since they are hearsay and notoriously unreliable. I've won and settled numerous cases with police reports having found my clients at fault, but you need to fight early and hard because insurance companies assume that police are right.
    California Injury Lawyer


  2. I agree with the advice already given. You should request an amendment be made to the police report with the correct information to ensure that the accurate version is what is recorded.


  3. If the police report does not accurately reflect what you intended to convey to the police, then take steps to correct it. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  4. It is not possible to have the report itself changed. The best that will happen, is an amendment will be added to reflect new info or your position as to what was said, etc. Depending upon what the report left out, how the cop misunderstood, etc. it could have little effect on case, or could have huge impact. Before you contact police on this, you should have this reviewed carefully by a local injury lawyer. The words you use on the amendment etc need to be carefully written.


  5. You should first call one of the lawyers in your state above to review the facts of the case, and then you can be advised by that lawyer.


  6. This is not an uncommon occurrence. However, you should have an attorney experienced in this type of claim review your police report and discuss what options you may have for getting it amended. I have personally dealt with many other California claims such as this one. Having proper representation can protect your cause of

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  7. On few occassions do police officers change a car accident report. Most letters go unanswered. A phone call to the officer or his superior will get the job done assuming he agrees that he made a mistake. In most instances where there is no willingness to change the accident report, I suggest a call to the officer with a letter confirming the call and the inaccuracy requesting change. Then, a separate letter to the officers supervisor if the error is not corrected. Use this as evidence in the car accident case. Check with your local lawyer for local procedures.

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