What to do if the fault for an accident was determined to be 50/50 but the accident report was filed incorrectly to show my son 100% at fault?

My son was involved in a car accident. At the site it was determined to be 50/50 fault for both driver. When the accident report was released it showed my son was 100% responsible and the information in the report is incorrect and missing information such as witnesses or statements made at the seen. The officer refuses to amend or allow us to add a supplement to the report. Can or should we go to a suppervisor or go further. The other driver was also uninsured and is now claiming injuries.

Asked on March 24, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can and should go to a supervisor, to see if you can get the report amended, but the police department is not required to do so. They can choose to stand by what is in the report.

If you are sued by the other driver (or his insurer)--or sue him--the police report will be powerful evidence, but it does not determine the case; that is,  the civil court, in hearing the lawssuit, does not consider the police report as fully dispositive. You can present other evidence or testimony showing the fault of the other driver, minimizing your son's fault, and also attacking or undercutting the police report. So while it would be much better to have a more favorable police report, and you should try to get it changed, you can still present or defend a case without it.


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