Can a Police Report Be Used Against You in a Car Accident Case?
When you are involved in a car accident, one of the first crucial things you should do is call the police. South Carolina law requires you to report any accident involving injuries or death. After the police arrive at an accident scene, they usually conduct a preliminary investigation and prepare and file a report detailing their findings. Police reports typically include details such as the incident’s date, time, and location, witness statements, and other evidence gathered at the scene. A police report can be valuable if you are looking to file a car accident case against another party. At the same time, a police report can potentially be used against you. However, when it comes to using information from a police report, certain rules apply.
Can the Insurance Company Use the Police Report Against You?
If you were involved in an accident because of another party’s fault, you can file a compensation claim against the at-fault party’s insurance company. When you file an insurance claim against the other party, the insurance company will request the police report pertaining to your accident. The insurance company needs this report to verify what occurred. In other words, the insurance company will use the police report to investigate your claim.
Insurance companies can and do use the information in police reports to make a decision about claims. There are no strict rules of evidence when it comes to insurance claims as compared to court cases. If, for example, something in the police report indicates that you were at fault (even partially), the insurance company will most certainly use that as evidence against you. Unfortunately, even if the information in the police report is unreliable, the other party’s insurance company may still use it against you. This is why having a qualified attorney by your side is crucial. An attorney can help you challenge the accuracy of the police report by presenting contradictory evidence.
Can a Police Report Be Used Against You in Court?
Simply put, a police report cannot be used against you in court. Police reports are generally considered hearsay, therefore, inadmissible in court. Police reports are considered hearsay because they contain statements from people not present in court to testify. These reports are often made up of statements from people who were present at the accident scene. Witness statements contained in a police report cannot just be recited in court. Witnesses must be present to testify on the stand and be cross-examined.
In South Carolina, the hearsay exceptions rule specifically states that even if witnesses are available to testify, accident reports are not admissible as evidence of negligence or due care.
How an Attorney Can Help if a Police Report Contains Damaging Information
If a police report contains information that could be damaging to your case, an attorney can be crucial. An attorney can help in several ways, including the following;
- Challenging the accuracy of the report
- Obtaining amendments or corrections
- Gathering evidence to counter the damaging information
Contact a Charleston Car Accident Lawyer
For help with a car accident case, contact our Charleston car accident lawyer at the Gus Anastopoulo Law Firm at 843-310-5555.
