In short I am told this makes it my word against the other driver' s with no way to prove I was not at fault . Is this correct?
If you want the more complicated legal answer here it goes. The report is inadmissable in court in Tennessee. Normally considered to be an "out of court statement" offered to prove the truth of the matter asserted therein, it cannot be admitted because a party would not be able to cross-examine the report and that would violate several principles of jurisprudence and/or the confrontation clause of the Constitution. However, in Tennessee, there is an exception to the exclusion for some official reports and other business records, which normally could allow admission of this governmen report. However, there is a specific law in Tennessee that provides police reports in this situation are inadmissible.
What you may find is a lawyer may call a police officer to testify and he tries to read from his report instead of testify based on personal knowledge. This is also improper unless it is used solely for the officer to refresh his memory of events that he has personal knowledge. Most times, police officers were not present when the accident happened and their personal knowledge would be limited to what they observed after the wreck occured and this would include any statements given by those involved in the wreck. This is why your insurance company normally tells you "don't admit fault." That statement can be used against you in court.
In your case, unless the police officer is testifying as an accident reconstructionist, I doubt he will be allowed to testify that you were "not at fault," or otherwise can establishe a proper foundation for that testimony.
The bare police report itself is hearsay and inadmissible, if someone object. If the report is not helpful, your attorney mighty leave it at that. However, if the report is helpful, your attorney can do depositions of the witnesses and/or the police officer at the attorney's discretion in order to establish negligence by the other motor vehicle operator. Police officers are allowed to read from their police reports on the stand every day of the week in order to refresh their memories.
This summarizes the issue. The evidence in your case will rise or fall on rules of evidence, which your attorney will guide you through. Here's more: Blue Links Below:
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