“Another driver hit me, so the accident was not my fault. Do I call the police if the other driver was at fault?”
Florida law requires you to report a traffic accident that results in injuries or property damage of $500 or more. After a car accident, you should call 911 to request emergency medical services, if needed, and a police officer. Having a police officer document the accident and complete an accident report is important for your insurance claim.
Using an Accident Report to File an Insurance Claim
When the police officer responds to the accident scene, he will perform a short investigation to determine if either driver contributed to the crash. The officer also takes statements from both drivers and any witnesses. Even though an accident report is not admissible in a civil lawsuit, an accident report can be very helpful when filing your insurance claim if you are not at fault.
When you file your insurance claim, include the accident report showing the other driver is at fault. However, you should know that the insurance company may not pay your claim even if the accident report states that the other driver was at fault. Insurance companies look for ways to deny claims to avoid paying money. Therefore, you may need a Lake City accident attorney help you pursue a claim or file a personal injury lawsuit to force the insurance company to act fairly and reasonably.
What Happens If the Accident Report Is Wrong?
Police officers make mistakes on accident reports. We may not be able to use the report as evidence if we go to trial, but we do want the information in the report to be correct. If an accident report contains errors or omissions, we want to challenge the report to correct the information. However, the officer will not typically change his finding as to fault, but he will change factual information that is incorrect if you can prove it is incorrect.
For example, if the date of the accident or the street name is incorrect, those items are usually easy to correct. If the officer did not note that a stop sign was at the intersection, it might be more difficult to correct that information, but it may be important if we are alleging the other driver failed to yield the right of way.
If the officer refuses to amend the accident report, you can request that a statement is attached to the report detailing your assertions. Your statement is not considered a part of the accident report, but it can be attached so that anyone reviewing the report sees your objections to the information contained in the accident report.
Proving the Accident Is Not Your Fault
The accident report is only one piece of evidence we use to prove you are not at fault for the car accident. Our accident attorneys utilize a variety of sources of evidence to prove your case. From the information we gather at the accident scene and your medical records to the information we obtain from expert witnesses such as an accident reconstructionist, our Lake City car accident lawyers search for every piece of evidence that supports your claim of fault.
Is Your Florida Accident Report Wrong?
Call the Koberlein Law Offices at 386-269-9802 (Lake City) or 352-519-4357 (Gainesville) to schedule a free consultation with a Lake City car accident lawyer.
We can help you file the forms to amend the accident report while protecting your right to receive fair compensation for your injuries. You may also contact our office by using the contact form on our website.