Can I Still Recover Damages in a Car Accident Case if the Police Report was Unfavorable?

The official police report of a car accident is one of the most important pieces of evidence in a car accident case. If the report agrees with your version of the events, your New York personal injury attorney job is nearly halfway done, and settlement negotiations can begin.

However, if the police report suggests that your accident was your fault, the insurance adjuster can use it as a basis for denying your claim. The insurance can also use it to defend against any personal injury lawsuit you might bring. Your New York personal injury lawyer will have to challenge the report to get you the settlement you deserve.

There are several ways your New York personal injury attorney can challenge the police report. He may challenge its accuracy based on the officer’s role in the investigation. A police report based on an after-the-fact investigation or accident reconstruction is less persuasive than one based on the officer’s firsthand observation.

If the police report was based on a reconstruction, your attorney may hire experts to go over the available evidence attempt to find an alternate theory that fits the evidence, as well as look for anything in the police report’s version of the events that is not supported by the evidence.

The officer may have also made a videotape of the scene of the accident. If this is the case, your attorney will review the footage and look for anything that does not support the version of the events recorded in the police report.

Your New York personal injury attorney may then depose the officer in an attempt to find any faults with his investigation of the evidence and how he drew his conclusions. If there are any inconsistencies between the officer’s statements and the police report, the report’s credibility could be weakened.

If your attorney turns up any evidence that the police report’s version of the events is flawed, he may file a motion to exclude some of the report or otherwise invalidate the opinions presented within the reported.

Recovering damages from a car accident case can be complicated, but an experienced New York personal injury attorney will know the best way to approach it. For a free initial consultation, contact the dedicated New York personal injury lawyers at Gersowitz, Libo & Korek today.