QUESTION
If the accident report says I was at fault but I know that isn't right is there a way I can challenge that in court?
Asked on May 08th, 2013 on Personal Injury - New York
15 ANSWERS
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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The easy answer is, yes, you can challenge almost anything in court. The more difficult answer is that whether you can do so SUCCESSFULLY depends on what the report says and whether there is evidence to support either the report's version of the facts or yours. Police reports HAVE been found to be mistaken or based upon "facts" which turned out to be different than the reporting officer thought at the time. You will likely need to hire an attorney to investigate the matter and give you an informed professional opinion on your chances.
Answered on May 14th, 2013 at 6:07 AM
The report will be used by the insurance company involved but you can present information to attack it. The report itself can not be introduced into evidence but the police officer can read from it.
Answered on May 10th, 2013 at 9:31 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, tell your side of the story. It would be helpful if there were witnesses.
Answered on May 10th, 2013 at 9:30 AM
You can if there is a civil suit or criminal charge filed. So the answer is yes.
Answered on May 10th, 2013 at 9:30 AM
James Eugene Hasser
If you have been ticketed, you can show up on your court date and challenge it. If you haven't, your best bet is to turn the case over to your insurance company and tell them your side of the story. The officer's opinion as to fault is only that; an opinion. Good luck.
Answered on May 10th, 2013 at 7:08 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a he said/ she said case. insurance companies love em cause that automatically gives them at least a 50/50 chance to win such a case. in addition the police officer will testify against you. so, do you expect a judge or jury to disregard what the other driver and the police officer say and adopt your position? May be, but chances are may not be. A lawyer would not take the case on contingency so you would likely have to do it yourself.
Answered on May 10th, 2013 at 6:30 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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That's what lawsuits are for. You can sue the other driver for your damages and will have to prove your were not at fault or that your percentage of fault is less than 50%.
Answered on May 10th, 2013 at 6:21 AM
Ronald A. Steinberg
Yes. Hire a trial attorney and go for it.
Answered on May 10th, 2013 at 6:13 AM
You can try,but you'll be in the position of asserting a position that is in your own self interest against the interpretation of a disinterested professional (the officer who investigated the accident.) It's not impossible, as people can make mistakes, but success is not highly probable.
Answered on May 10th, 2013 at 6:07 AM
Personal Injury Attorney serving Boise, ID
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Montgomery | Dowdle Law
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If you are sued for the accident or if you received a citation, you have the right to present evidence in court about the facts of the accident and why you don't believe you were at fault. The police officer could also testify about facts he learned in his investigation. Then a judge or jury decides who was at fault, not the police officer. The judge or jury will have to decide which of the witnesses they find to be most credible. Hope that helps some.
Answered on May 10th, 2013 at 5:42 AM
John Hone
Yes, that is what the courts are for. Hire a lawyer to defend yourself, and cross-examine the witnesses to prove you were not at fault.
Answered on May 10th, 2013 at 5:41 AM
Yes. You should gather contact information of witnesses and other evidence as soon as possible.
Answered on May 10th, 2013 at 5:40 AM
NA richard@jandjlaw.com
Are there any independent witnesses? If so, are they for you or against you? Sometimes, the police officers make mistakes in the police reporting. If you believe that is the case, you can contact the officer and / or the patrol sergeant and plead your case and ask for a correction. If that doesn't occur, then, too, you can do your own Financial Responsibility (FR) accident report. Pick that up at your local police department, fill it out and send it in to the state. It? is going to help a lot with the insurer of the other driver IF you can either correct the police report or IF you have independent witnesses in your favor.
Answered on May 10th, 2013 at 5:13 AM
Thomas Edward Gates
You have the right to contest the ticket.
Answered on May 10th, 2013 at 4:53 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can write a letter of protest to the police department, and submit your own affidavit to be placed with the report, but unless you are being charged with a traffic infraction, you can't bring it into court.
Answered on May 10th, 2013 at 4:17 AM