The crash report is an important file in determining the outcome of your case, and having an error in this file is rather dangerous to a case.
In the case of any truck accident, there is one particular document that you are likely to encounter and which is very crucial and that is the crash report.
This report is usually completed by the police officers who respond to the scene and contains important information concerning the accident.
It stands as an official document on which insurance organizations, legal departments and even courts base their decisions. However, suppose the crash report has some mistakes that could harm your case in one way or the other? Let’s discuss what you can do if the crash report is important and what to do if it has some errors.
You can also check out this short video on what to do when the police crash report is wrong
Why is A Crash Report Important?
A crash report is not just any ordinary formality; it is a critical explanation that determines the course of your personal injury claim. This report may contain the name and details of both parties, place and time of the incident, the weather condition, or the officer’s opinion on the cause of the accident.
This report is vital to insurance companies because it helps them determine whether to pay the claim or not, similarly a personal injury attorney may rely on this document to strengthen your case. Courts also consider the crash report as a version of what happened during the crash to ascertain fault and make compensation decisions.
So, errors within the report have implications in assigning a wrong blame on an individual, receiving lower compensations, or getting a reject on a claim.
How Can You Pinpoint Errors in A Crash Report?
It is common to find some mistakes in the crash reports that are presented to the engineers. These mistakes may arise from various causes like the police officer getting to the scene in later time, lack of correct understanding of events or just a slip. It is very important to identify these errors because they could significantly affect your case.
Types of Errors
Some of the mistakes that can occur with regard to a crash report are wrong identification of the location of the crash or the names of the streets involved, wrong description of vehicles, or wrong sequence of events prior to the crash. Besides, the report may contain misleading information about the drivers or passengers, the wrong phone number or insurance details, or the weather or road conditions at the time of the crash.
How Do Crash Report Errors Affect Your Case?
These mistakes can have serious implications. For example, if the report suggests that you were speeding or ran a red light, this could prejudice the insurance company against you and affect the findings on fault. The latter may ultimately result in a lower offer of compensation or complete rejection of your claim.
Further, if the case proceeds to court, discrepancies in the crash report are likely to derail your case, thus lessening the chances of a favorable verdict. It is thus paramount to detect and eliminate these mistakes or omissions to enable you to be compensated correctly.
What Do You Do If the Crash Report Is Inaccurate?
When there are mistakes in a crash report, it is best to rectify them as soon as possible.
Review the Report Thoroughly
The first thing to do is to get your hands on the crash report and scrutinize it. Do not overlook discrepancies in the data no matter how petty they might seem. In this case, be cautious with general examinations of the accident and descriptions of oneself and the vehicles involved, or statements that others make about the incident. If there is something that you feel is wrong, take a note of it and try to think how it could influence your case.
Gather Additional Evidence
However, if you think that the crash report has false data, then one must get more evidence that could corroborate one’s side of the story. These may be photographs or videos of the accident scene and other circumstances, the damage of the vehicles, and your injuries. Eyewitness testimonies can also be very useful in strengthening the case because they can confirm whatever you are stating. Moreover, if you have any video recording from your dashboard camera or security cameras from nearby stores and shops, this becomes very compelling to counter the false claims of the report.
Contacting the Authorities
Once you have identified the errors and compiled the evidence, the next step is to contact the police department that made the report. Enumerate and detail the shortcomings that you noticed and include any other support that you may have gathered.
Sometimes the police are ready to change the statement, though not all types of changes are possible, for example, the type of vehicles or drivers data might be mistaken. However, correcting this and similar subjective errors, such as the assumption of fault on the part of the officer, may be slightly more difficult.
What is The Legal Recourse for A Wrong Crash Report?
If the mistakes in the crash report are major and the police are not ready to amend it, you may require engaging the services of a lawyer.
Consulting with an Attorney
Engage the services of a personal injury lawyer who has expertise in handling truck accidents. You should hire an experienced lawyer to assist in appealing the crash report and help you prepare yourself for the case. They can also negotiate with the insurance companies on your behalf so that you are not narrowly prejudiced by the mistakes that are noted in the report.
Filing a Dispute
Your lawyer may suggest that you should file a formal dispute over the crash report. This may require presenting a report on the discrepancies to the appropriate officials, or the insurance provider, especially with your supplemental facts.
Sometimes your attorney may be compelled to bring the matter to court to seek an overthrow of the findings of the report. This can take quite long but is usually unavoidable particularly if the aim is to achieve rightful remuneration and treatment.
Insurance Company Negotiations
Insurance companies are mainly interested in paying out as little as they can, thus they shall exploit the errors in the crash report to deny you a good offer. The additional evidence can be presented to the insurance company and your attorney can appeal against the inconsistencies in the report. Even if the crash report includes some inaccuracies, you have a greater likelihood of obtaining a favorable outcome with a truck accident lawyer’s assistance.
Conclusion
If you have been involved in a truck accident and later come to know that the report regarding the incident is false then it becomes necessary for you to act immediately. The crash report is an important file in determining the outcome of your case, and having an error in this file is rather dangerous to a case.
It is crucial that you read through the report, gather more evidence, and seek legal help to counter false claims and defend your rights. Even though the fight against a crash report can be taxing and arduous, the steps we’ve outlined above can assist in ensuring you are adequately compensated and prevent progressive repercussions.
Unfortunately, the decisions made in the days and weeks following the auto accident do matter and can affect the outcome and even your financial health, so it’s important to take the necessary measures and get the help required.
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