You may think you are being nice to keep the police out of an accident if it seems small, but when no charges are filed, it can have a negative effect on your case if someone ends up with injuries. Insurance companies will use a police report to make decisions about a claim. A police report that details what happened can certainly work in your favor if the other driver failed to use “ordinary care” resulting in injury to person or property.
Why, if a case goes to trial, are accident reports and citations inadmissible?
It can actually be for your protection. A police report could contain errors and is based on the judgment of an office who did not see the accident. Unless an office witnesses an accident, his or her opinion as to who caused the accident is typically not admissible in court. Likewise, a citation stemming from the accident is not admissible evidence to prove negligence. The reasoning is that the determination by the officer is typically based on hearsay and not hard evidence. Also, police reports may state you are not injured when you truly were injured.
If you or a loved one have been involved in an auto accident, contact Scott Mullins, a personal injury lawyer today to determine your legal rights.