Tom Giannotti, Butler Kahn personal injury lawyer, explains how you can amend your accident report in Georgia if key information is missing from it.
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Transcript:
The police report is an important piece of evidence in any motor vehicle collision. Insurance companies will use the police report to determine fault, and the police report is admissible at trial, at least to the extent that it refers to the investigating officers and personal observations. So what if the report contains incorrect information? Is it possible to correct or amend the report?
And if so, how does one go about doing that? Well, the short answer is yes, it is possible, but it depends on what exactly you're trying to change. If there are factual errors in the report, you'll need to provide the investigating officer with evidence documenting the error.
For example, if there's video footage, for example, dash camera footage or local business surveillance footage, and the officer didn't have that footage at the time of making the report, you can and should provide the officer with that video. It's always best to have an attorney in these situations for reasons I'll get into. But if you are doing this yourself, you can look for the investigating officer's name and badge number on the police report. It's usually in the bottom left at the end of the report. And sometimes you'll need to call that police department and it's non-emergency contact number to connect with the officer through an operator.
But again, if the video clearly shows that the information in the officer's report is wrong or disproves the way that the report says the accident happened, and it's clearly demonstrated from the video, then the officer will most likely want to correct that report.
So again, you can and should provide that. That being said, there are other kinds of evidence, such as witness statements, which we'll call testimonial evidence as opposed to documentary evidence, that may conflict with other witnesses.
So where you have conflicting witness statements, the officer may not want to change the report or the officer may just make limited changes to the report and leave the determination to fall up to the court and to the jury. So the police report is not necessarily the end all be all of proving your case. You can call witnesses and, you know, there can be conflicts such as, I'll put, I'll give an example to sort of put a finer point on this.
We had a case where our client rear-ended a commercial vehicle and the commercial vehicle had all sorts of mechanical issues due to negligent maintenance. And the police initially gave our client a ticket for following too closely, said he was at fault. But of course, the company's driver never told the officer the full story of what happened. Instead, he just played it off like our client just rear-ended him because he wasn't paying
attention and, you know, wasn't, didn't reveal anything about the numerous mechanical problems that he knew about. And our client, for his part, wasn't able to tell his story really because he was being life-flighted with a broken femur. So the officer didn't really press further on this and just said, for our client's fault, gave him a ticket.
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