Although the police report is not a guide for those seeking to determine who caused the injury-linked accident, that same report does influence the outcome for the claim process.
What facts that are found in most police reports prove of relevance to the submitted claim?
• The names of the involved drivers, along with the information on their car insurance company
• Reference to observed injuries
• Details on location, time of day, weather conditions, and traffic hazards
• Witness statements
A copy of the police report is sent to the insurance company
That copy might contain mention of a ticket that was given to one of the drivers; that would indicate performance by that same driver of a negligent act. It would also suggest that the person that received the ticket was at least partly responsible for the accident.
The insurance company would note the name of any witness. The same company’s investigator would probably seek the names of other witnesses, so that the adjuster might have more statement to review.
The insurance company would not count the observation of an injury as documentation of harm to the victim. That documentation would have to come from a medical report.
An injury lawyer in Monterey Park would know how to fight any inference that the insurance company might make, after reading the police report. For instance, if the report did not say that a victim found in the vehicle was wearing a seat belt, the insurance adjuster might allege that he/she was partly to blame for the accident-linked injuries. A good lawyer could point out the fact that the police officer had not written that the victim’s position had matched with the absence of a seat belt.
A police report cannot be used in court
The officer that reported to the scene of the accident did not actually see what took place at the time of the collision. That same officer has simply reported the statements that he or she heard, after arriving at the accident’s location.
In a courtroom, the judge does not want the jury to hear any hearsay. Hearsay is the repetition of an account that was shared by another person, someone that actually witnessed a given event. Judges want the members of the jury to hear only first-hand accounts.
In a courtroom, any witness should undergo a cross-examination. Because the witness in the police report cannot be cross-examined, the same witness’s reported statement cannot be shared with the jurors.
Of course, the same witness could be asked to appear in court. That would give the attorney for the opposing party a chance to cross-examine that particular witness. During that same cross-examination, there might be mention made of the conversation with the reporting officer.