Can A Police Report Be Changed After an Accident?

A police report is an important document in Paducah car accident cases, but it is not set in stone. Factual errors can usually be corrected with supporting documentation, and new information can be added as an addendum. However, challenging fault determinations is more difficult. 

The Role of a Police Report in a Car Accident

Police reports are often used in insurance claims to establish details of the accident, such as:

• The date, time, and location of the accident.
• Statements from drivers, passengers, and witnesses.
• The officer’s observations about the scene, including diagrams and photographs.
• The officer’s opinion about who was at fault.

Although a police report is not legally binding, it carries significant weight in determining fault and settling claims. Therefore, ensuring its accuracy is critical.

Common Reasons for Requesting Changes to a Police Report

There are several reasons you might want a police report corrected or amended, including:

Factual Errors

Mistakes such as misspelled names, incorrect addresses, wrong vehicle information, or inaccurate license plate numbers can and should be corrected.

Omissions

If the report leaves out vital details, such as witness statements or property damage, you may request the addition of this information.

Disputed Fault

If the officer’s assessment of fault appears incorrect or biased, you may challenge it, but this type of change is more complex.

How to Correct or Amend a Police Report

The process for correcting or amending a police report depends on the type of change you need:

Correcting Factual Errors

If the report contains factual mistakes, you can typically request a correction by contacting the officer or the department that filed the report. Here are the steps:

1. Review the Report: Obtain a copy of the police report from the issuing department and identify the specific errors.
2. Contact the Officer: Reach out to the officer who filed the report. Provide evidence, such as your driver’s license or insurance documents, to prove the correct information.
3. Request a Correction: Politely explain the error and ask for it to be corrected. Most officers are willing to make straightforward factual corrections.

Requesting an Addendum for New Information

If new evidence becomes available or if information was omitted, you can request an addendum to the report. For example:

• A previously unavailable witness comes forward.
• Additional property damage or injuries are discovered after the initial report.

In these cases, provide the new information to the Paducah police department, ideally with supporting documentation, such as photographs or written statements. The officer may add the information to the report as an addendum.

Challenging Fault Determinations

Challenging the officer’s opinion about fault is more complex, as it involves subjective judgment. Police officers are generally not required to change their conclusions unless there is compelling evidence that their assessment was incorrect. Steps to challenge fault determinations include:

• Gather Evidence: Collect additional evidence, such as video footage, photographs, or expert opinions that contradict the officer’s findings.
• Submit Your Request: Present your case to the police department, explaining why the officer’s determination was incorrect. Provide all supporting evidence.
• Consider Legal Action: If the department refuses to amend the report and the fault determination significantly impacts your case, consult our Paducah personal injury attorneys at Bryant Law Center. They can help challenge the report in insurance negotiations or court.

Limitations of Changing a Police Report

While it is possible to amend a police report, there are some limitations:

Time Sensitivity

The longer you wait to request changes, the harder it may be to amend the report, especially if the officer has already closed the case.

Officer’s Discretion

The officer who filed the report has the final say in whether to make corrections, particularly for subjective details like fault or observations about the scene.

Impact on Insurance Claims

Even if the police report cannot be amended, you can present additional evidence directly to your insurance company to support your case.

Police reports are generally considered hearsay, as they contain statements made outside of court and are used to prove the truth of the matter. Hearsay is typically inadmissible at trial unless it falls under an exception.