How to Dispute Fault in a Police Report After a Car Accident

Being involved in a motor vehicle accident is stressful enough without the added frustration of being incorrectly blamed for the crash. Unfortunately, errors in a car accident police report can and do happen, and when they do, they can significantly impact your ability to seek compensation, especially if you’re dealing with serious injuries or vehicle damage. Fault determinations made by a police officer in the accident report often become the starting point for insurance companies during the insurance claim process, and an inaccurate police report can stack the odds against you.

Fortunately, Oregon law provides avenues to challenge these errors, and with the help of an experienced personal injury attorney, it’s possible to correct the record. Before discussing how to dispute fault in a police report, let’s take a look at what it is, and several other important aspects.

What Is a Car Accident Police Report?

Although this may be obvious, a police report is a written document created by the responding officer at the scene of the crash or shortly thereafter. This report typically contains crucial accident details such as the time, date, and location of the incident, the parties involved, witness statements, vehicle damage, license plate numbers, and sometimes the officer’s opinion on what caused the accident and who was at fault.

In Oregon, police departments are required to file a report when there are injuries, deaths, or significant property damage. The reporting officer will gather information from the drivers involved, passengers, and any witnesses, and make conclusions based on what they observe and are told.

However, police officers are human and can make mistakes. Miscommunications, stress at the scene, incomplete information, or bias can all lead to police report mistakes.

Common Errors in Police Reports

Several types of errors can make their way into a car accident report. Here are a few of the most common:

Several types of errors can make their way into a car accident report. Here are a few of the most common:

• Factual errors: These include incorrect contact details, license plate numbers, time of the accident, or description of the vehicles involved. Errors may also include wrong vehicle models, misstated street names, or misidentified drivers or passengers. Even small mistakes in spelling or numeric entries can affect how insurers or attorneys interpret the report.
• Inaccurate statements: Misreporting a driver’s original statement or a witness statement. The reporting officer might misunderstand or misquote someone, or mix up who said what, leading to an inaccurate account of the incident. Sometimes, statements are taken out of context or summarized too broadly, altering their intended meaning.
• Incorrect conclusions: The officer concludes fault without sufficient evidence or based on assumptions. This may include drawing conclusions without witness input, ignoring physical evidence, or relying too heavily on statements from one party. Fault assessments can also be affected by the officer’s misunderstanding of traffic laws or road signage.
• Omitted information: Leaving out crucial accident details or failing to include all drivers involved or witnesses. This could involve excluding skid marks, weather conditions, or damage to specific areas of a vehicle that could clarify fault. Missing contact information or not recording injury complaints from passengers can also be significant.
• Biased language: Using wording that unfairly paints one party as more responsible without supporting evidence. This can include subjective descriptions like “reckless driving” or “aggressive behavior” not backed by concrete proof, or failing to note similar behavior by the other driver. Even tone or word choice can influence how the report is interpreted by insurers and courts.

How to Prevent Police Report Mistakes

While you can’t control every aspect of the reporting process, there are steps you can take at the accident scene to help ensure a more accurate police report:

• Be calm and clear: Speak carefully when giving your account to the responding officer. Avoid speculating or admitting fault.
• Get a copy of the report: As soon as the original report is filed, obtain a copy so you can review it for accuracy.
• Collect your own evidence: Take photos of the scene, damage to vehicles, injuries, and get contact information from witnesses.
• Confirm the officer’s notes: Ask the officer to read back or show you what they’ve recorded.

Taking these steps can help reduce the risk of dealing with an inaccurate police report later on.

Understanding Fault in Oregon Car Accidents

Oregon uses a modified comparative negligence system when determining fault. This means you can recover damages even if you were partially at fault, as long as your percentage of fault is less than 51%. However, the amount of compensation you can recover is reduced by your percentage of fault.

That makes the accuracy of the car accident police report especially important. If the police report unfairly places more fault on you than is warranted, your ability to obtain full compensation from the insurance company is at risk.

The Importance of the Police Report as Evidence in Car Accident Cases

The police report is often one of the first documents insurance companies review when evaluating car accident claims. Even though it’s not the final word on fault, it can strongly influence an insurance adjuster’s decision.

A negative report can put you in an uphill battle to get compensation. That’s why disputing an incorrect report is critical—especially when serious personal injury or property damage is involved. An experienced car accident lawyer can help you build a strong case to counter a faulty report.

How Is Fault Disputed in a Car Crash Report – Step-by-Step Guide

Disputing fault in a police report involves several key steps:

1. Obtain the report: Get a copy of the original report from the police department. You’ll need this to identify any incorrect information or inconsistencies.
2. Review the report thoroughly: Check for factual errors, contradictions, or statements that don’t align with what actually happened. Make note of any incorrect information or incomplete sections.
3. Gather evidence: Collect photos, videos, witness statements, medical records, and anything else that supports your version of events.
4. Write a rebuttal letter: If you find a factual mistake or disagree with the officer’s conclusions, you can write a detailed letter to the police department. Be clear, concise, and back your claims with evidence.
5. Contact a car accident attorney: A personal injury attorney can guide you through this process and handle communication with the police and the insurance company. Legal expertise is especially useful when the issue is not just factual errors, but disputes over fault.
6. Submit a supplemental report: In some cases, you may be able to file a supplemental report with the police to correct the original statement or provide new accident details.
7. Inform your insurance company: Either you or your car accident lawyer should notify your insurer of the errors and provide them with your supporting evidence. This can help during the insurance claim process.
8. Pursue legal action if necessary: If the insurance company refuses to adjust your claim due to the disputed report, your attorney may recommend filing a personal injury lawsuit.

How Is My Car Accident Report Actually Changed?

Police departments don’t always revise a report just because someone asks. However, if there is clear evidence that the reporting officer made a mistake, they may add a correction or a supplemental report. In many cases, the original report remains on file, but the supplemental report is attached to provide clarification.

Even if the officer declines to change their conclusions, submitting a well-supported rebuttal can still be useful for your attorney when negotiating with the insurance company or presenting your case in court.

Is There a Deadline in Oregon for Disputing Fault in the Police Report?

There is no formal legal deadline for disputing a police report in Oregon. However, it’s critical to act quickly—ideally within a few days or weeks of the accident—while the details are still fresh, and before the insurance company finalizes your claim. Waiting too long can make it harder to correct mistakes or influence the outcome of your case.

Can I Still Dispute Fault if I Was at Fault, or if I Share Fault?

Yes, you can still dispute fault even if you believe you were partially at fault. Remember, under Oregon’s comparative negligence law, you may still recover damages as long as you were less than 51% at fault. Your goal is to ensure that the percentage of fault attributed to you is accurate and fair. If the report assigns you more fault than you deserve, a personal injury attorney can help you challenge it with the correct information.

Get Legal Help Fixing Your Car Accident Report Today!

Dealing with an inaccurate police report after a car accident can be overwhelming, but you don’t have to face it alone. At Johnston Personal Injury Law Firm, we help injured Oregonians fight back against unfair fault determinations and protect their right to full compensation. If you believe your police report contains mistakes or doesn’t reflect the truth of what happened, contact our office for a free consultation. Let our experienced injury attorneys review your case, explain your rights, and guide you through the process of setting the record straight.

You deserve justice, and Marc A. Johnston is here to help you achieve it!