If a state patrolman doesn’t report an accident accurately, can I sue him or the state patrol office if he refuses to make the necessary corrections?

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If a state patrolman doesn’t report an accident accurately, can I sue him or the state patrol office if he refuses to make the necessary corrections?

I reside in TN while on the way home from MI an unknown driver clipped my vehicle and continued going. This causedme to crash into the median. I didn’t give a statement to the patrolman, due to my being still shaking up, but one of my passengers did. The officer stated he had sent another car to look for the other vehicle while making the report in his vehicle. My insurance will not pay because he stated, “I lost control.” He also failed to list the passengers on the report as well. He refuses to make the corrections or return my calls. His avoidance seems more than a mistake.

Asked on August 17, 2011 Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were in an automobile accident where a state patrolman showed up to assist you, took a statement and made a report that does not accurately reflect what happened causing you problems with your insurance carrier for the claim that you submitted, you cannot sue the state patrolman for any inaccuracies in the report. If you did, the police officer would have immunity and a privilege for what he placed down as part of his official report about the incident.

You need to contact your insurance representative and advise him or her to take a statement from your passenger about the incident in that the police report may not be accurate. To assist, you should have your passenger write out a statement as to what transpired for you to submit to your insurance company.

Good luck.


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