If you are injured in a Missouri car accident caused by another driver, certain documents, including the police report, can support your claim.
Filing a car accident claim can be done with the help of a Missouri car accident attorney. You will need to provide proof of your injury and other damages and proof that you were not the cause of the accident. Certain documents can be used, such as the police car accident report, to provide a basis for your car accident claim.
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What to Do When Involved in a Missouri Car Accident
If you are involved in a motor vehicle accident in Missouri, you are required by law to stop your car at the scene. Failure to do so is considered a crime and could hurt your chances of being reimbursed for any financial damage. Only move your car if you can and if it is in a position likely to cause another car crash. Otherwise, leave it where it is until the police instruct you to move it. Before moving any vehicle, use your cell phone to photograph exactly how the cars were positioned after the crash. This could go a long way in showing who caused the accident. The Missouri Department of Motor Vehicles also recommends that you help anyone who is hurt, call the police, set up flares around the scene if it is dark, exchange insurance and contact information with the other driver, and remain at the scene until a police officer tells you to, unless you are seriously hurt and need immediate medical attention.
The Missouri Police Accident Report
When the police are called to the scene of an accident, they will complete a report detailing what they found and any conclusions they reach. They may interview witnesses to the accident, take pictures, and discuss the accident with both drivers and any passengers involved. Their impression of the scene is important and will be contained in the report they file with their agency.
How to Obtain a Police Accident Report
Having the officer’s account of the accident is critical for your Missouri car accident claim, but how you obtain it depends on which county the accident occurred and which law enforcement agency responded. A Missouri auto accident injury attorney will know who to contact to get you the report you need for your case. If the accident was minor and the police did not respond, you must report the accident yourself. You have one year to do so, only if the damages exceed $500 or there is a personal injury.
Can a Police Report Help Your St. Louis Car Accident Case?
Although they are generally not admissible in court, police reports can be useful in car accidents.
Missouri is a comparative law state, which means that more than one party can be found at fault when you are in a car accident. Comparative law dictates that both parties in a car accident can be ascribed an amount of negligence. This differs from an at-fault state, where only one person can be found negligent and liable to pay for any resulting damages and injuries.
The percentage of guilt assigned to each party determines how much they pay in damages. For instance, if someone pulls out before you and you hit them, they would generally bear responsibility. However, if you were speeding, then you might be found partially liable for damages and injuries, too.
If you are in an accident, you must get a police report filed. First, if you don’t wait for law enforcement at the scene, you could be charged with a hit and run, especially if you don’t exchange driver information. Secondly, you will want to have a police report filed to help negotiate a settlement. Although police reports are not admissible in a court of law and will not help you if the case goes to trial, recording events through a police report is a great tool for your St. Louis car accident attorney to review to help ascribe fault or to exonerate you of any liability when negotiating.
The police report will generally have the case’s specifics, whether any tickets were issued, and the recounts given by both parties at the scene. Events are much better recorded at the time of the accident, rather than going back and trying to remember what happened.
Although they are generally not admissible in court because police reports are technically considered hearsay, they can help your St. Louis car accident attorney negotiate a fair settlement with the insurance company. A police report may help you get all you are entitled to and help to establish who was negligent and who is liable for damages. When meeting with your St. Louis car accident lawyer, it is always a good idea to bring a copy of the police report so that your lawyer will have something to work with. It might be the best tool for getting you the compensation you are entitled to without taking the case to trial.
“There’s an Error on the Car Accident Police Report: What Are My Options?”
Dealing with a car accident is never easy, but things can get even more complicated if there are errors in the police report. Whether it’s a typo or a factual mistake, a police report error can seriously affect your claim or lawsuit. Fortunately, there are a few things you can do to challenge the report and protect your interests.
Here are some of the most common police report errors and the steps you can take to fix them.
Common Police Report Errors
Police report errors can take many different forms. Some of the most common include:
Typos
One of the most common problems is simple typographical errors, such as misspelled names or incorrect addresses. These might seem like minor details, but they can have a major impact on the outcome of a case. Sometimes, these errors can even lead to charges being dropped or reduced. For example, if the police report mistakenly lists the wrong make and model of the other vehicle involved in an accident, it could jeopardize an insurance claim. A typo in the description of the accident can also lead to an incorrect determination of fault.
Missing Information
Another common error is missing information. This can include the name and contact information of the other driver, insurance information, and a detailed description of the accident. Filing a claim or pursuing legal action can be difficult without this vital information.
Faulty Accident Diagrams
Police officers often draw diagrams of the scene of an accident as part of their report. These diagrams can be essential evidence in determining fault. However, due to the fast-paced nature of an accident, it’s easy for them to make mistakes when drawing their diagrams. For example, they may not include all the cars involved in the accident or may not accurately show the positions of the cars at the time of impact. They may also fail to consider important details such as road conditions or markings. This can lead to confusion and ambiguity when determining who is at fault for the accident.
More errors:
- Inaccurate witness statements
- Incorrect information about the other driver
These are just a few of the most common police report errors. Many others can occur, and any one of them could have a serious impact on your case.
If you believe the police report contains an error, it’s important to take action as soon as possible. The sooner you catch and correct the mistake, the less likely it is to cause problems.
How to Fix Police Report Errors
First, get a copy of the police report and go through it carefully to verify if there is an error and what kind of error it is. Once you have identified the mistake, you may consider contacting the officer who filed the report and requesting a correction.
The Missouri car accident report is important to show how the accident occurred and who may be liable for it. To ensure your legal rights are protected while filing a car accident claim, we recommend having an experienced car accident attorney by your side to help you navigate the process.
What if You Can’t Obtain the Police Report Right Away?
There are a few reasons why you might not be able to get your police report right away:
The Police Department Is Backlogged
While this is the last thing you’d want to hear, it’s unfortunately not uncommon for police departments to be backlogged. This is especially true in larger cities with a high volume of accidents. If this is the case, you can best be patient and keep checking with the department until the report is available.
The Police Department Is Waiting on Information from Witnesses or the Other Driver Involved in the Accident
This is another common reason why reports might not be available right away. The police department may be waiting on information from witnesses or the other driver involved in the accident before they can release the report. If this is the case, there may not be much you can do but wait for them to gather all the necessary information.
The Investigation Is Still Ongoing
If the accident was more severe or resulted in injuries, the police department may need to conduct a more thorough investigation. Again, waiting for the investigation to be completed is generally best.
Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!