When you get into an accident, filing a personal injury claim may be necessary to secure the optimal amount of compensation for medical expenses, lost wages, and other damages sustained. In order to successfully obtain this compensation, liability, otherwise known as fault, needs to be established. Personal injury cases such as car accident claims in Florida now follow the modified comparative negligence rule. This means the injured party must be no more than 50% at fault for the incident, otherwise they will be unable to bring forth a valid claim. This means the claimant cannot be primarily at fault. A key aspect of establishing liability in car accidents is the police report.
Understanding when a police report is required, how to read it, and the ways it can help you prove your case will raise your chances of walking away with the optimal outcome for your case.
Under Florida Statutes Section 315.065, if you are driving a vehicle and get into an accident that involves injury or death to another person, or an estimated minimum of $500 in property damage, you must immediately contact local law enforcement. However, if the above stipulations do not occur, then you can technically submit a “Driver Exchange of Information” or “Driver Report of Traffic Crash (Self Report)” online or via mail. However, we recommend filing a police report at the scene even if you don’t think you’re injured, since you may not realize you’re injured until later and reports filed with law enforcement at the scene are favored in terms of reliability. These reports provide accounts of the incident that can be essential in settlement negotiations. The key thing to note is that although police reports are generally inadmissible in court as hearsay evidence, they are often used in pre-suit negotiations with the insurance company to establish liability.
Key Components Of A Police Report
Police reports should record all information pertaining to the accident and normally detail the following:
- The identities of all parties (drivers and passengers) involved in the crash)
- The location, date, and time of the accident
- Information on the vehicles involved, including relevant insurance policy information
- The circumstances leading up to the crash
- Statements from witnesses
- The nature of property damage and injuries involved
- Any other relevant information, including weather, road conditions, violations or citations issued to the drivers involved
- An officer narrative from their perspective stating what the attending officers witnessed during the investigation, which sometimes includes a visual diagram of the crash.
While a police report may not always explicitly state who is at fault if the officer is unable to make a determination, it still may hold key details that can be used to establish fault or to prove negligence further down the line.
How To Obtain A Copy Of My Police Report
You can request a report from the agency that responded to your accident with identifying information like your license number, name, or the date and location of the accident. Depending on the circumstances, this could include the state patrol, highway patrol, local police department, or county sheriff’s department. The process for obtaining a police report varies depending on which department you request it from. Most agencies have online portals for reports, though you may need to request a hard copy in person or via mail. If possible, try and get an incident number or case number from the responding officers. If you reach out to our firm, we will be happy to obtain the police report for you and begin investigating whether you have a case.
Contact Us Today
If you or somebody close to you was recently involved in a car accident, call Rosenblum & Mayer to schedule a consultation with an experienced Florida car accident attorney today.