Police officers do not always write police reports for car accidents. In many situations, the police officer will not write the report because the car accident was not serious enough, or because the car accident did not result in any serious injuries. Even if you insist on a police report being made, the police officer might refuse to write the report and will tell you to simply exchange information with the other party.
While it is important that a police officer write a report to gather all of the information and to verify that the accident did occur, you still have a case even if it was not recorded by a police officer.
If you’re involved in a crash, do what you can to make sure the police officer writes a report. If he or she refuses, ask if one can be made for insurance purposes. If the officer still refuses, exchange information with the other party (driver license, proof of insurance, etc.) and take plenty of photos of the scene and the vehicles involved (which you should do regardless of whether a police report is taken).
It is important to remember that the police officer is not the judge or jury in your case. The police officer is merely recording the information of the details of your crash. Fault, liability, and damages on your case will all be determined by the judge or jury on your case. Do not be overly concerned that the police officer did not make a report about your car accident.
You still have a case to pursue regardless of whether a police report exists. Remember, a police report is helpful, but it is not determinative.
At Lem Garcia Law, we find police reports to be helpful, but we do not make our decision about whether to accept a case or not based on the existence of a police report or the conclusion the police officer came to on a police report. Even if the police report is in your favor, we may be able to successfully argue that the car accident was the other party’s fault.
Police officers enforce the law. Lawyers help interpret the law. If you’ve been involved in a car accident, make sure to call a personal injury attorney for help.
Case consultations are free and without any obligation at Lem Garcia Law. If you need a car accident lawyer in West Covina, call Lem Garcia.
By: Lem Garcia, West Covina car accident attorney