Police auto accident report is wrong. What can I do?
I was in an accident yesterday at an intersection. I was trying to make a left turn and the light was green (no arrow). The guy who hit me was a good distance back (I'm estimating 300 feet), so I tried to make my turn. The next thing I know, the guy is plowing right through me. I heard no brake screeching and no horn honking. He hit me so hard that my car was pushed into the other lane and the people going the other direction had to brake suddenly. I don't think he was paying any attention because he hit me hard - like he hadn't tried to brake. We pulled over on the road and looked at the damage. He was bent out of shape because his front license plate was knocked off and he had a scratch near one of his front lights. He kept saying he had to get his daughter to work on time. He said that like four or five times. My back right passenger door is completely smashed. He had a ford explorer and I have a chevy sedan. It's not like he hit my front end or front side. I was practically finished my turn when he hit me, so I know he had time to slow down. I realize now that I probably misjudged yielding distance, but I feel that the other car had a responsibilty to try to prevent an accident if possible. We called the cops and they wrote up a report that I picked up today. I noticed some of the information is inaccurate.
1. The officer filled out the "Not At Intersection" box under location on the first page of the report. He wrote down the address of the building that we pulled over in front of.
2. The officer wrote that there was only one person in his car, but there were two. He was in the driver seat and his daughter was a passenger in the front seat.
3. The officer wrote that he was going south, but he was driving west. I was turning from Highway 135 east and he was driving the other way, meaning he was going west.
4.The officer never circled the 2 (front right part of the car) on the accident report when he indicated the damage done to the other guy's car. He only circled the 1 (front center part of the car).
5. The officer wrote that I was traveling east when the guy hit me, but I was turning off of the road that was east.
6. The officer never wrote down how far away the guy was when I turned.
7. I don't know if he was supposed to write this part or not, but the officer never addressed any statements from us. He never wrote down anything I said or anything the other guy said, including that he was in a hurry trying to get his daughter to work on time.
What should I do about these inconsistencies?
I'm not complaining. This is my first accident and I'm just trying to get this thing done as quickly and accurately as possible. I'm not saying I'm 100% innocent. I'm saying I think I did misjudge yielding distance, but it's not like I cut 50 feet in front of him. All I'm saying is that he did have time to stop and I'm pretty sure that if you can prevent an accident, you're supposed to by law. Telling me to let insurance handle the accident isn't an answer to a question I asked. I'm asking how to handle the inconsistencies in the police report. The question wasn't what should I do about the accident. I already contacted my insurance company earlier today. They were closed by the time I picked up the police report.
- MushuLv 77 years agoFavorite Answer
Simply contact the officer who wrote the report, and ask him to amend it. It will be his decision to do so, or not.
This accident is your fault, so an amended report will likely not help much.
The other party repeatedly saying he has to get somewhere is not an admission of speed. You say he should have been able to see you and slow down, but as the left turning vehicle, you had the duty to not block his way. You were able to see him as well if not better than him seeing you. Bottom line, you made a turn in front of an oncoming vehicle. That is your fault. And that's exactly how the insurance company will see it.
- StephenWeinsteinLv 77 years ago
1. Although you are theoretically supposed to prevent an accident if you see another car and you can prevent it, this does not mean that he did anything wrong. If he was paying attention to other cars, and not to you, because you should have been yielding, then he was doing the right thing. If he saw you and decided not to try to avoid an accident, then he did something wrong. But if you are right that he was not paying attention to you, and he did not see you, because he was paying attention to cars that were not supposed to be yielding, then he did not do anything wrong.
2. I don't think you should do anything about the inconsistencies. Your own account of what really happened makes you look completely responsible, so I don't see how the police version could make you look any worse.
3. Even if he had time to stop, you are still not allowed to turn in front of him. In fact, the mere fact that he would have needed to stop, brake, slow down, honk, or do anything else to avoid an accident proves that you were too close. By law, you were required to yield and let him go first, so that he would not need to do any of those things. By law, you must yield and let him go first, unless he is so far away that he does not need to do anything to avoid an accident.
It is not correct to say that you "probably" misjudged yielding distance. It's definite, not probable. The rule is that you must yield if the other vehicle can hit you. For you to go, the other car must be so far away that it is impossible for the other driver to hit you. If the other driver has to honk, brake, or do anything else, then you are too close. You're not just not 100% innocent. You are not 1% innocent. You are 0% innocent and 100% guilty.
4. The reason that the officer did not write down what was said is that nothing either of you said was important. It does not matter who had to get to school or work or whatever. What matters is that you were making a left turn, without an arrow, and that means that you must yield to everyone else, no matter how far away they are.
- HarryLv 77 years ago
do not complain, let insurance sort it out. your professional witness actually gave you a break if you or your insurance needs a lawyer. the accident was your fault, and if the officer wrote down what you wanted, the accident report would clearly show it was your fault.
you did not allow for a safe distance when turning. if you turned and got hit when you both had a green light, you are at fault because thru traffic has the right of way.Source(s): speed has nothing to do with at fault. first you cant prove it after the fact, second you still made the turn. now let common sense take over, i know its hard to swallow, but if you were in a hurry, would you wreck on purpose? hmm the headache of dealing with insurance, maybe killing someone, etc. just .02 and no i didnt think you would agree, but like i said if you need a lawyer, atleast the lawyer can play the blame game. think on it. he did you a favor. if you turn in front of someone even if they are running from a bank robbery and they hit you but had a greenlight, its generally your fault for not making a safe turn. atleast at this point a lawyer has a chance of bringing up possibilities in your favor.
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