Can Police or DMV Reports Impact Your Accident Claim?
Posted on behalf of RizkLaw on Dec 07, 2021 in Auto Accident
When an individual is in an accident or needs to register an incident to the police, a law enforcement officer will create a report of the incident deemed to be illegal or potentially illegal. This physical record of the occurrence is essential when looking back on the accident or seeking compensation for damages you incur.
A police report is an essential piece of evidence that can work as a detailed account of what occurred at the scene of the accident. However, there are some cases where something is wrong with the report. Whether it doesn’t have the correct information or it’s missing, having a problem with the police report can impact your claim. Contact a dependable personal injury attorney immediately when you have issues with a police report regarding your claim.
Depending on the internal procedures and other factors, even if a police officer responds to an accident, they may not report the case. Even if a law enforcement officer doesn’t create a police report, the state of Oregon requires that all people involved in an accident must file a DMV Oregon Traffic Accident and Insurance report.
In order for individuals to file a report, the accident must include any of the following:
- If there’s over $2,500 worth of damage to anyone’s personal property
- If a vehicle requires a tow truck
- If anyone suffers minor or serious injuries
- If fatalities occur during the accident
The report to the DMV must be filed within 72 hours of the accident and is a confidential report. While you are not required to share the report with anyone else, keeping a copy of your report for future reference may be helpful.
Insurance companies, attorneys, and risk managers all use police reports to determine the potential civil liability. By analyzing the documented events, injuries, and location, they can determine the number of losses that will need compensation. However, problems with a police report can cause misinformation.
Accidents involve many individuals and can be very hectic after the initial crash. When a police officer reports to the scene, they have a lot of duties to complete. Not only are they handling people who may be experiencing high levels of stress, but they’re also gathering evidence of the scene. This may cause an officer to overlook a detail or miss a step in the process.
One of the primary responsibilities of a law enforcement officer is to accurately determine the accident’s cause. As part of their training, they go through how to properly investigate vehicle accidents. If there is information that was either misinterpreted, vague, or incorrect, this can significantly impact your claim.
In a police report, officers may state who they believe is at fault. However, this does not mean that an individual is already labeled innocent or guilty. When you talk with your car accident attorney, they will assist with your claim process and gather the evidence you need to prove the other person’s liability.
While a police report is an excellent addition to your claim and can help your case significantly, it does not mean that there can’t be mistakes. Make sure you talk with your lawyer about your report and inform them of any mistakes that may be apparent in the document.
When working with a Rizk Law lawyer, you can feel confident and comfortable with your legal representation. As proud advocates for a safe and just community, we take our job very seriously. By offering you our extensive resources and tools, we can make sure that you are fully prepared for your claim. We understand that the aftermath of an accident can be stressful and disorienting, but we will do anything in our power to make sure your rights and interests are protected.