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You were hurt in a crash. Then you got the police report, and it says the accident was your fault. Or it gets basic facts wrong: the wrong lane, the wrong street, a statement you never made.
That feels like the end of your claim. It isn't. A police report is one officer's account, usually written after the crash from what people told them at the scene. Here is what it really counts for in California, and what you can do now to fix it.
What a Police Report Is, and What It Isn't
It isn't a ruling. The officer's conclusion about fault doesn't bind a judge, a jury, or an insurance company.
It usually stays out of court. California Vehicle Code § 20013 bars accident reports from being used as evidence in a civil or criminal trial arising out of the accident. Courts have upheld keeping police reports out of trial, including the diagram portion of the report (Box v. California Date Growers Assn. (1976) 57 Cal.App.3d 266).
Fault can be shared. California uses pure comparative fault (Liv. Yellow Cab Co. (1975) 13 Cal.3d 804). Even if you were partly at fault, you can still recover damages, reduced by your share of the blame. A report that blames you doesn't make you 100% responsible.
But insurers read it closely. Adjusters often lean on the report when they first decide who is at fault and what to offer. That is why an error is worth challenging early.
What You Can Do About It
1. Get a copy and read every line. Request it from the agency that responded, such as the CHP or your city police department. Check names, plates, insurance, location, direction of travel, and every statement credited to you.
2. Ask to fix factual errors. Contact the officer or the records office and ask how to request a correction. Wrong facts, like a plate number or which lane you were in, are the easiest to fix. Bring proof.
3. Add your own statement. If the officer won't change a conclusion about fault, ask whether you can submit a written statement to be added to the file. Stick to facts.
4. Collect evidence the officer didn't have. Photos, dashcam or doorbell video, nearby business cameras, and witness names and numbers. Video is often erased within days, so move fast.
5. File your own DMV report. If anyone was hurt or damage to anyone's property topped$1,000, each driver must file an SR-1 with the DMV within 10 days (Cal. Vehicle Code § 16000). This is separate from the police report.
6. Tell your insurer you dispute the report. Put it in writing and send your evidence.
7. Watch the deadline. You generally have two years from the injury to file a personal injury lawsuit in California (Code Civ. Proc. § 335.1).
Mistakes That Can Hurt Your Claim
• Assuming the report ends your case. Many people never call a lawyer because the report blamed them.
• Arguing with the officer. Be polite and factual. Anger rarely gets a report changed.
• Giving the other driver's insurer a recorded statement. Their adjuster's job is to pay as little as possible. You don't have to talk to them right away.
• Posting about the crash online. Insurers look. A casual post can be used against you.
• Waiting. Witnesses forget, video gets deleted, and deadlines keep running.
Quick Self-Check
☐ I have a copy of the police report.
☐ I've listed every factual error and the proof foreach.
☐ I've asked how to request a correction or add my statement.
☐ I've saved photos and video, and written down witness contacts.
☐ I've filed my SR-1 with the DMV, if required.
☐ I've told my insurer, in writing, that I dispute the report.
☐ I haven't given a recorded statement to the other driver's insurer.
Talk to Us Before You Accept the Report's Version
A wrong police report is a hurdle, not a verdict. At Infinity Law Group, we look past the report to the evidence that shows what really happened, and we handle personal injury cases on contingency, so you pay nothing unless we win. Call or message us today for a free consultation.
This article is general information, not legal advice. Every case is different.
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