Whether a car accident is a severe collision or a minor incident, it is a good idea to involve the police. A police report may contain various details about evidence or information the police uncovered, and we can use this information to build your case for compensation.
The first step in obtaining a copy of the police report for your car accident is to determine which police department has it. Police should tell drivers which department they are from when they arrive at the accident scene. If an ambulance took you away before the police arrived, your attorney can help you determine which department has the report. Once we have the report, we may use the information in it to build your case.
Ask our Long Beach car accident attorneys for a free, confidential legal review when you call the Law Office of John J. Perlstein at (213) 252-1070.
Which Police Department Has Your Car Accident Report?
Multiple law enforcement agencies might respond to a car accident. If you are unsure which department handled your accident and has the report, your lawyer can help you figure it out.
City of Long Beach Police Department
The Long Beach Police Department usually handles accidents that occur within the City of Long Beach. If this sounds like your accident, we can contact local authorities and ask for a copy of the report. The police usually make reports available to the people directly involved in the accident.
California Highway Patrol
If your accident occurred on a state or interstate highway around Long Beach, the California Highway Patrol might have investigated. In that case, our Long Beach car accident lawyers must contact the state authorities to get a copy of the report.
A party of interest (i.e., someone directly involved in the accident) may request a copy of the report online or by mail.
What if You Do Not Know?
Many drivers are unsure which police department handled their car accident case. Some people are so badly hurt that they cannot remember the accident or were taken away by ambulance before the police even arrived. In such cases, an attorney can help you determine which police department likely handled the accident and how to contact them.
How Long After a Car Accident Can You Sue for Damages?
In California, car accident survivors have only 2 years from the accident date to file an injury lawsuit in court. The police report may help you gather more evidence and information to build your case, so you should get a copy sooner rather than later to avoid running afoul of the statute of limitations. Information in a police report can sometimes make a huge difference in a lawsuit.
Why You Need a Copy of the Police Report for a Car Accident in Long Beach
Information in a police report about a car accident may be very useful in some cases or even required in others.
Filing Insurance Claims
Insurance claims are common in car accident cases, but insurance companies need proof the accident really happened before they pay anything. Insurance companies are always on the lookout for fraud, and a police report can help you prove your claims are legitimate. Some insurance companies demand a copy of a police report before processing a claim. If you do not have a report, or the police were not involved, your claim may be delayed.
Preparing a Lawsuit
A copy of the police report may help us prepare a personal injury lawsuit, depending on what information it contains. While these reports are usually inadmissible in court because of the hearsay rule, we might find other admissible evidence in the report. For example, if police spoke with eyewitnesses, the report might include their names.
Your Personal Records
What if the other driver tries to sue you some time after the accident? Having a copy of the police report can help you prepare if someone else takes legal action against you. People are sometimes surprised by a lawsuit months, or even over a year, after the accident. Having a copy of the police report on hand can help you get a jump start on your defense.
Are You Required to Call the Police After a Car Accident?
Under California law, drivers must contact the police and report a car accident within 24 hours if anyone is injured or killed. You are not required to report minor accidents where nobody is injured. However, it is a good idea to call the police no matter how minor or severe your accident is.
Can a Police Report Be Admitted Into Evidence in a Car Accident Lawsuit?
Car accident reports are generally inadmissible as evidence in a court of law. However, you may be able to work around this rule, depending on your circumstances.
Rule Against Hearsay
Police reports about car accidents are usually deemed hearsay because they rely on information gathered from witnesses, not the officers’ personal knowledge. Sometimes, reports contain double hearsay, which is information gathered from people who were not even witnesses to the accident and do not have personal knowledge about it.
Exceptions for Public Records
You may be able to admit the report under the hearsay exception for public records. To be admissible under this exception, the report must have been written by a public employee or official within the scope of their official duties near in time to the event. The sources of information and the method of preparation should indicate the report’s trustworthiness.
Statements of a Party Opponent
If the defendant gave a statement to the police and that statement is included in the report, only that specific portion of the report may be admissible.
Ask Our Long Beach Car Accident Lawyers for Legal Help Today
Ask our Long Beach personal injury attorneys for a free, confidential legal review when you call the Law Office of John J. Perlstein at (213) 252-1070.