When you’re involved in a car accident, the police report is a critical document that plays a major role in the outcome of insurance claims and personal injury lawsuits. It serves as an official account of the accident, detailing important facts such as the location, involved parties, and potentially, the cause of the crash. However, police reports are not immune to errors, and when mistakes are made, they can have serious consequences. Fortunately, in Texas, there are ways to amend a police report to ensure that it accurately reflects the events of the accident.
This blog will guide you through the steps involved in amending a police report in Texas, why it’s important to correct any mistakes, and how you can protect your legal rights if the report contains errors.
What is a Police Report?
A police report is an official document prepared by the officer who responded to the scene of a car accident. It typically includes:
- The date, time, and location of the accident
- Contact information for all involved parties, including drivers, passengers, and witnesses
- Descriptions of the vehicles involved
- Statements from drivers and witnesses
- Observations made by the officer, such as road conditions, vehicle damage, and visible injuries
- Preliminary conclusions about fault, which may or may not reflect the true cause of the accident
Although this report is important in determining fault and compensation, it is not infallible. Mistakes can and do happen, ranging from minor factual errors to major misinterpretations of the event.
Common Mistakes in Police Reports
Some of the most common errors in police reports include:
- Factual Errors: Simple, objective mistakes such as misspelled names, incorrect license plate numbers, or wrong insurance policy details.
- Omissions: The officer might have left out important information, such as witness statements or details about road conditions.
- Subjective Errors: These are the officer’s conclusions about what happened, such as who was at fault, which may not always align with the facts or your own perspective.
While factual errors and omissions can often be corrected, it can be more challenging to amend subjective statements made by the officer.
Why It’s Important to Correct a Police Report
The police report is often the first document that insurance companies, attorneys, and courts will review when determining fault and calculating compensation after an accident. If the report contains inaccuracies, it can negatively impact your personal injury case or insurance claim in several ways:
- Impact on Compensation: If the report incorrectly assigns fault to you, it could reduce or even eliminate the compensation you’re entitled to receive from the at-fault party’s insurance company.
- Claim Denials: Errors in the police report might lead an insurance company to deny your claim entirely.
- Legal Complications: Inaccuracies can also complicate the legal process if you decide to file a personal injury lawsuit.
Because of these risks, it’s crucial to correct any mistakes in the police report as soon as possible.
Can a Police Report Be Changed in Texas?
Yes, it is possible to amend a police report in Texas, but the process may vary depending on the type of error and the police department involved. Typically, correcting factual errors is more straightforward than addressing subjective findings. However, knowing the correct steps to follow can help you make sure the report reflects the true facts of the accident.
Steps to Amending a Police Report
1. Gather Evidence to Support the Amendment
Before reaching out to the police, it’s essential to collect evidence that supports your request for a correction. This could include:
- Photos or videos taken at the scene of the accident
- Statements from witnesses who saw the accident
- Medical reports or repair estimates
- A clear explanation of the specific error in the report
Having solid evidence will make it easier for you to convince the police department to amend the report.
2. Contact the Police Officer Who Filed the Report
Once you have your evidence, the next step is to contact the officer who prepared the report. In most cases, the officer’s name and badge number will be listed on the report itself. You can reach out to the police department and request to speak with this officer.
Important: Police officers generally will only communicate with the people directly involved in the accident—not with attorneys. This means that if you have hired a personal injury attorney, they can guide you through the process and help gather supporting evidence, but you will need to contact the officer personally to request any changes.
When speaking with the officer, explain the mistake clearly and provide any evidence you have. If the error is factual (such as a misspelled name or wrong license plate number), the officer may be able to amend the report relatively quickly. However, if the issue involves subjective errors (such as the officer’s interpretation of who was at fault), the process may be more complicated.
3. Submit a Supplemental Report
If the officer is unable or unwilling to amend the original report, you can submit a supplemental report. Many Texas police departments allow individuals involved in an accident to file an additional statement after the initial report is completed.
When submitting a supplemental report, include:
- A detailed description of the error in the original report
- The specific corrections you are requesting
- Supporting evidence such as photos, witness statements, or medical documentation
Make sure to keep copies of any documents you submit, as they may be necessary if your case goes to court.
4. Notify Your Insurance Company
Even if you successfully amend the police report, it’s important to inform your insurance company about the correction. Insurance companies often rely heavily on police reports when evaluating claims, so making them aware of any changes ensures that they have the most accurate information.
Be prepared to provide your insurance company with the corrected report and any supplemental documentation you submitted to the police.
5. Consult a Personal Injury Attorney
If you encounter difficulties amending the police report or if the error has significant consequences for your personal injury claim, it may be time to consult an experienced personal injury attorney. An attorney can:
- Help gather additional evidence
- Communicate with the police department or insurance companies on your behalf
- Advise you on whether the report can be challenged in court
In some cases, a lawyer can help you file a lawsuit if the police report contains significant inaccuracies that affect your ability to recover compensation.
What Happens If You Can’t Change the Police Report?
Unfortunately, not all police reports can be amended. If the officer refuses to change the report or if the error involves the officer’s judgment, you may have limited options. However, you can still take steps to protect your legal rights.
1. Document the Error
If you are unable to amend the police report, make sure to document the error in writing. You should also inform your insurance company about the issue and provide them with any evidence that supports your version of the events.
2. Challenge the Report in Court
If the police report is being used in a personal injury lawsuit, you can challenge its accuracy in court. A skilled personal injury attorney can present evidence, call witnesses, and argue that the report contains errors. While the report is a significant piece of evidence, it is not the only factor that a court will consider when determining fault or awarding compensation.
3. File a Complaint with the Police Department
In rare cases, if you believe that the officer who prepared the report acted negligently or biased, you may file a formal complaint with the police department. While this is unlikely to result in an immediate amendment to the report, it may lead to a review of the officer’s actions and ensure that your concerns are documented.
How Long Do You Have to Amend a Police Report?
There is no strict deadline for amending a police report in Texas, but it’s in your best interest to act as quickly as possible. The longer you wait, the more difficult it may be to convince the police department or your insurance company to accept the correction. Additionally, waiting too long may limit your legal options if the error affects your ability to recover compensation.
Key Takeaways
Amending a police report in Texas is possible but requires prompt action and solid evidence. Here’s what you should remember:
- Act quickly to amend the report by contacting the officer who prepared it.
- Gather evidence to support your request, including photos, witness statements, and any other relevant documentation.
- Submit a supplemental report if the original officer is unable or unwilling to make the correction.
- Inform your insurance company of any changes to the report.
- Consult a personal injury attorney if the error significantly impacts your claim or lawsuit.
Conclusion
Amending a police report after a car accident can make a critical difference in your personal injury claim or insurance settlement. While Texas law allows for corrections, the process can be complex, especially when it involves subjective errors or officer assessments. If you find yourself struggling to amend a report, Ryan Orsatti Law is here to help. Our experienced legal team can guide you through the process and ensure that your rights are protected every step of the way.
