- September 14, 2024
- Tucker Law
- Car Accident Lawsuits
What is a Crash Report?
Car accidents are a common occurrence on New York roads, and when police come to the scene, they must write a police report about the crash. This report may include the officer’s opinion as to who and what caused the crash, as well as information such whether someone admitted fault or a ticket was issued, so it is natural to wonder if this opinion can be used for or against you.
The answer is that while New York police reports may be considered hearsay and thus not admissible as evidence in court, they still may be considered in negotiations with insurance companies. Also, if the accident occurred in New York City, police reports are allowed to be considered evidence in a personal injury lawsuit if they meet certain criteria.
If you or a loved one was involved in a car crash, a consultation with an experienced New York car accident attorney can determine whether an opinion on a police report can be used to strengthen or weaken your claim for compensation for the damages you received from the accident.
Admitting Police Reports as Evidence
After a vehicle accident serious enough to cause an injury or damages, a police report is made by an officer who visited the scene. These reports can provide a great deal of information that helps attorneys and insurance companies establish fault and how the accident happened, but they can be used as evidence only under certain conditions. While police reports are considered hearsay and generally can’t be used as evidence in a personal injury claim, in New York City police reports that meet certain criteria are admissible in lawsuits.
To be admissible, the report must be certified. Police reports are certified if they are made in the regular course of business and satisfy the standard reporting requirements of New York and its law enforcement agency. Reports must be complete and reviewed for accuracy
The information in the report must be based on an officer’s own opinions or observations that were witnessed or compiled firsthand. Statements from accident victims and eyewitnesses are not considered firsthand and therefore are not admissible.
Generally, the following directly observed information from a certified police report may be admissible in a New York City personal injury claim:
- Involved parties’ names, license plate information, driver’s license information, insurance information
- Observable injuries to victims and observable property damage.
This information must made while the observing officer was carrying out their duties as a police officer and personally observed the information.
Understanding Hearsay in a Car Accident
Even if a report is certified, that doesn’t mean that the entire report and all of its contents will be admissible. Evidence that is deemed “hearsay” is not admissible in a lawsuit. Consider the following examples:
- The officer reported a driver was intoxicated. This could be admissible if the officer stated they smelled alcohol on a driver’s breath. It would not be admissible if a witness told the officer that the driver seemed to act drunk.
- The officer stated that Car A hit Car B on the driver’s side at an intersection. This could be admissible if the officer arrived at the scene and saw the way Car A hit Car B while the cars were still in the intersection. It would not be admissible if the officer arrived after the cars were moved.
If a police report is uncertified or its contents do not meet New York’s additional hearsay exceptions, part or all of the entire report will not be admissible in a New York City injury lawsuit. Your attorney can help determine if the police report for your injury lawsuit is admissible or if it is hearsay.
In some situations, a police report may be certified, but it may also include hearsay. For example, while the report contained the police officer’s direct observations, it also included quotes of eyewitness statements which would be considered hearsay. In this case, your attorney might be able to use some of these hearsay statements as evidence in your favor if they have an independent justification to make them admissible.
Can the Insurance Company Use a Police Report Against Me in an NYC Car Accident Lawsuit?
Insurance companies will conduct their own investigations and make determinations based on their findings. However, they might also use the police report to challenge your version of events or to downplay your injuries, in an attempt to reduce the settlement amount.
If there is admissible evidence in a police report that indicates you were at fault for or contributed to the accident or statements that indicate you admitted liability, it can be used against you by the insurance company. Even if the police report is not certified and cannot be admitted as evidence in a trial, it can significantly impact your case and play a crucial role in insurance negotiation.
New York has adopted what’s known as a “pure comparative fault” system, and the rules can be found in NY CPLR Section 1411. Under this rule, the amount of damages you can recover from the accident is reduced by the proportion of fault you are found to bear. For example, if you are found to be 20 percent at fault for the accident and a jury awards you $100,000, you would be able to recover $80,000.
Insurance companies are out for profit and want to pay out as little as possible. They therefore might use the details in the report, such as the officer’s opinion or your statements, to contend that these factors increase your contributory negligence, to challenge your version of events, or to downplay your injuries in order to argue for a lower settlement amount. However, if the details in the police report are in your favor, your attorney can use them to strengthen you claim for compensation against a negligent party.
Get Help from Our Car Accident Lawyers
Regardless of what is written in a police report, the skilled and experienced attorneys at Tucker Lawyers are here to help you win the compensation you deserve. We can evaluate your case, obtain and evaluate the police report, conduct investigations to determine fault, calculate all the damages you are entitled to receive, pursue a fair settlement from insurance companies, and file a lawsuit and take your case to court on your behalf if necessary.
We have won large settlements and jury awards on behalf of many clients who have been injured in car accidents, and are fully prepared to do the same for you. We offer a free consultation to evaluate your case and determine the best way to handle it. We work on a contingency basis, so there is no cost to you unless or until we win your case
Call the NYC car accident lawyers at Tucker Lawyers today to get started.
GET HELP NOW (516) 399-2364
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]