Generally, California courts claim that police accident reports are not admissible evidence to take into consideration when determining fault in an accident case. In fact, California Vehicle Code 20013 states that “no accident report shall be used as evidence in any trial… arising out of an accident.”
What is the Legal Significance of an Accident Report?
When a serious collision happens in California, it will almost always be investigated by the California Highway Patrol or another local police station. The officers who arrive on scene will conduct various findings and compile them in a police accident report that will be made available to you. You may wonder what legal significance these accident reports have if they are not admissible as evidence in trial.
Accident reports in California are supposed to be used as a basis to document all of the facts of the accident. They include some important facts, such as the following:
- The date, time, and location of the accident
- The information of each driver or passenger involved in the accident
- Notations that show DUI or lack of safety belts in the accident
- A police officer’s general opinion of legal fault
Can a Police Report Provide Aid to Your Insurance Claim?
Even if police reports are not admissible in California court, they can still be useful when it comes to filing an insurance claim. The insurance adjuster in your claim will review the report as part of the investigation. If the police officer on scene found that the other driver is at fault, in their opinion, the adjuster may be more likely to make you a settlement offer without any disputes.
The attorney you work with will also be able to use the police report as a lead for building the best personal injury claim possible to help you receive financial recovery. For example, your attorney may look at the police report and find that witness information was listed on it. From there, they can contact witnesses and speak with them about other details they may have noticed at the time of the accident to strengthen your claim.
Because insurance adjusters are known to offer as little as possible in the midst of a settlement, having an attorney on your side can be incredibly beneficial. Insurance companies can attempt to use police reports to their best interests and try to get you to drop a claim when the other party is clearly at fault. An attorney will be able to see through the adjuster’s attempts to offer you as little as possible and thoroughly investigate your case from start to finish so that you can obtain the best results.
Contact a California Personal Injury Lawyer Immediately
At Maison Law, we understand how difficult it can be to get back on your feet following a California accident. Because of this, our California personal injury lawyers are here to help you through the complexities of the legal system. When you obtain the police report from your accident, we will start a thorough investigation to help you determine fault against all at-fault parties. You have many legal rights and we will ensure that you receive the financial recovery needed to get back on your feet. Please contact us today for a no-obligation case consultation.
