The police report is a key aspect of any accident settlement, since insurance companies rely on the police assessment of the accident in order to determine fault. In you live in a fault state like West Virginia, then fault is how it's decided who will pay for the accident. So what happens when you disagree with what the police report says?
There are a number of reasons the police report may have incorrect or missing information. If an officer did not respond to the scene, the police may not have information that would have helped determine fault. There could be factual errors in the report as a result of a transcription error. These errors can usually be corrected by providing evidence of the correct facts, such as photos from the accident scene or a witness statement that you recorded from someone who saw the accident.
When the facts are in dispute, such as when both parties are giving conflicting reports on how the accident occurred, then it's more complicated. One solution is to write up your own account of events and asked that it be included in the accident report. It's up to the officer whether or not to include your statement.
If the disputed facts change the liability of the accident, you'll want to consult an experienced car accident attorney right away to find out what your options are-and avoid paying for an accident that wasn't your fault.
At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 40 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.