No, the police report does not determine who is at fault for your car accident. Yes, the police report is very important to help determine who is at fault, but the police officer's opinion does not establish liability.
The facts surrounding your case determines who is at fault. Insurance companies do use the police report to help them determine who is at fault, and the police officer's opinion does play an important role to determine who is at fault, but ultimately, fault will be determined by the jury if your case goes that far.
If your case does not reach trial (most cases do not reach trial), your attorney will have to prove to the insurance company why you were not at fault and why their insured is at fault. A good attorney will be able to persuade the insurance company that their insured is at fault. When you are unrepresented, insurance carriers often attempt to push people around and deny liability even though they know that the crash was their insured's fault.
Even though the police report does not determine who is at fault, it is still very important that you make a police report for your case because the facts that they gather will prove to be very important in proving your case. The police officer will interview the people involved and record data.
The statements that the police officer receives and the data that he writes down will often be used to show what happened and who is at fault. The police officer's opinion at the end of the report does not mean very much at all in the end. It is important to remember that the police officer did not see what happened nor is the police officer an accident deconstructionist. His or her opinion is probably just as good as anybody else's.
If you were injured in a crash and the police officer has the wrong opinion, call West Covina car accident lawyer, Lem Garcia, to find out what he and his office can do for you. Case consultations are always free and without obligation.
By Lem Garcia, car accident attorney in West Covina.