Police report says I am at fault. What are my rights?

In California, a police report (Traffic Collision Report) is NOT admissible in a trial as evidence.  Vehicle Code Section 20013 specifically states that “No such accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident…”

Just because the police report indicates that you are the primary collision factor or that you caused the accident doesn’t make it true.

The investigating office was not present, did not witness the crash and cannot testify as a witness who saw what happened (unless of course somehow the officer did).  The police report is merely a report taken after the crash of information that the officer was able to gather.  Any conclusions that are made are hearsay, inadmissible and can be impeached.

If you have been placed at fault you should consult with an attorney about your case.  You should also carefully read our post on How To Read a Police Report which provides tips on how to handle this exact situation.

Must Read Resources if you have been found at-fault in an accident:

1. California Vehicle Code Section 20013

2. TorkLaw Post: How to Read a Police Report

3. TorkLaw Post: How to Read Insurance Declaration Page

Leave A Comment?