Can a Police Report Be Changed After an Accident?
Learn how and when a police report from an accident can be updated, what influences changes, and the steps involved in requesting an amendment.
After a car accident, the police report often becomes a key document in insurance claims and potential legal proceedings. Because of its influence, inaccuracies can have significant consequences for those involved. Understanding whether and how a police report can be changed is important if you believe it contains errors.
Reasons for Requesting a Change
Police accident reports carry significant weight, influencing insurance claims and legal actions. Errors in the report can range from simple factual mistakes to more complex issues.
Objective factual errors are a common reason for seeking a correction. These include misspelled names, incorrect addresses, inaccurate vehicle details (make, model, license plate), or errors in the date, time, or location of the incident. Mistakes in recording driver’s license numbers or insurance information also fall into this category. Such errors can often be verified with documents like driver’s licenses or vehicle registrations.
Inaccuracies might also involve the description of accident circumstances, such as incorrect details about weather or road conditions, if presented as fact rather than opinion.
Errors of omission or misrepresentation are another concern. A report might fail to include relevant information provided by a driver or witness, like a statement about injuries. Conversely, it might misquote someone, altering the meaning of their statement. Parties may seek to add a supplemental statement to ensure their account is accurately reflected if the original text cannot be changed.
Filing a Police Report Amendment
Initiating a change to a police report involves specific steps, often varying by law enforcement agency.
Contacting the Police Department
First, identify and contact the law enforcement agency that filed the report (e.g., city police, county sheriff, state patrol). Information identifying the agency and reporting officer is usually on the report itself. Contact the department’s non-emergency line or records division to learn their procedure for requesting amendments.1NGK Law Firm. How to Correct Wrong Information on Police Accident Report Some agencies have specific forms or online processes. Acting promptly is advisable, as recollections fade over time.
Providing Evidence
To correct a factual error, clear, objective evidence is necessary.2Munley Law. How Do I Fix a Police Report if It Is Wrong? The type of evidence depends on the error. For incorrect vehicle details, provide a copy of the registration. For name or address errors, a driver’s license suffices. Photographic evidence, GPS data, or dated receipts might help correct location or time errors. For unreported injuries, medical records documenting treatment soon after the accident can support the request. The goal is to provide documentation that directly contradicts the inaccuracy.
Following Up
After submitting the request and evidence, follow up with the police department regarding the review timeline. If you don’t receive a response within the expected timeframe, contact the records division or the officer handling the request to check the status. Obtain a copy of any revised or supplemental report issued.
Role of the Investigating Officer
The officer who wrote the initial report usually reviews requests for changes. Departmental procedures vary, but requests for factual corrections are often routed back to the original officer.
The officer has the discretion to amend clear factual inaccuracies when presented with verifiable proof, like correcting a misspelled name or license plate number. However, this authority is typically limited to objective facts. Officers are generally unable to change subjective elements, such as witness statements (even if disputed), their narrative description of the accident based on their investigation, or their conclusions about fault.3Nolo. How Do You Change a Car Accident Police Report?
Instead of altering the original text for disputed information, the officer might create a supplemental report. This document is attached to the original and includes the additional information or clarification. This preserves the initial report’s integrity while noting the new information. The decision rests with the officer, following agency protocols. Their role is to ensure the report reflects verifiable facts accurately, not to reinterpret events or mediate disputes.
Determining Liability vs. Correcting Factual Errors
It is crucial to distinguish between correcting objective factual errors and attempting to change the officer’s assessment of fault. Police reports primarily record the officer’s observations and information gathered at the scene. Agencies generally permit amendments only for verifiable, objective mistakes like incorrect names, license plates, dates, or vehicle descriptions.
Liability, or legal responsibility for the accident, is different. While the report may contain the officer’s opinion on contributing factors or note citations, this is not a final legal determination of fault. The officer’s conclusions about how the accident occurred or who violated traffic laws are based on their interpretation and are considered subjective parts of the report.
Requests to change the narrative, the accident diagram, or the officer’s opinion on fault are usually denied through the standard amendment process. Law enforcement agencies typically will not alter these subjective components, as the report is meant to document the scene as the officer perceived it at the time.
The formal determination of liability is made by insurance companies or the courts. Adjusters and lawyers consider the police report as one piece of evidence among others, including witness testimony, photos, and expert analysis. Disputing liability is handled through insurance negotiations or legal proceedings, not typically by amending the officer’s subjective conclusions in the report.
Possible Outcomes of a Revised Report
If a request to change a police report is successful, the agency might issue an amended report, directly correcting errors in the original document. More commonly, the agency creates a supplemental report containing the corrected or additional information, which is then attached to the original.4Breakstone, White & Gluck. How to Amend a Police Report
This updated record becomes part of the official file. Insurance companies, which rely on these reports, will typically consider the amended or supplemental information when evaluating claims. Correcting factual details like vehicle information or injury documentation provides insurers with a more accurate basis for assessment.
While the police report itself may face limitations regarding admissibility as direct evidence in court due to hearsay rules (though exceptions exist for direct observations or under public record rules), the corrected factual record provides a more accurate foundation. It can be referenced during insurance negotiations or potentially used in legal settings, for instance, to refresh an officer’s memory during testimony. The primary outcome is a more accurate official record reflecting verified factual corrections.
When to Seek Legal Guidance
While minor factual errors might be corrected through standard procedures, certain situations may warrant seeking advice from a lawyer.
Consulting an attorney could be beneficial if inaccuracies are substantial or involve disputed elements beyond simple factual mistakes, particularly if they significantly affect the accident narrative or the officer’s preliminary assessment of fault. A lawyer can evaluate the report, review evidence, and advise on the potential impact of inaccuracies on insurance claims or litigation.
Seeking legal guidance is also pertinent when significant injuries or damages resulted from the accident. An attorney experienced in personal injury law can assess the situation, including the police report’s role, help gather additional evidence like expert analysis, and counter disputed information.
Interaction with insurance companies might also necessitate legal counsel. If an insurer relies heavily on an inaccurate report to deny a claim, reduce a settlement, or assign fault unfairly, an attorney can intervene, negotiate with adjusters, and advocate on your behalf using all available facts. Their involvement can be useful if the police department is unresponsive or if errors pertain to the officer’s opinions.
