Another vehicle collides with yours while you are on the road. You call the police. You file an accident report. You have done all that you need to do to handle the aftermath of the accident. However, the other driver does not admit fault and claims that you were the cause of the accident.
If an insurer does not cover your injury or auto repair costs, you might choose to litigate the matter in court. Before you make your final decision to go to court, you might wonder if the other driver or the insurer of the driver will try to use your accident report against you.
This issue can be a gray area, but your best course of action, if you want to fight an accident report from the at-fault driver who did not admit fault, is to contest their official report and try to get it revised. Each state can have different legalities surrounding this issue. A personal injury attorney will know the ins and outs and be able to assist you toward a fair outcome.
Creating an accident report
New Jersey state law requires the driver of any vehicle involved in an accident that resulted in injury, death, or property damage above $500 to file an accident report within 10 days of the official accident date. Creating your report may help you record key aspects of a crash, plus you may need it to file with your insurer.
The police may file an additional crash report if the damage sustained in the crash appears to exceed $500 or if any of the parties have suffered an injury or fatality.
If you wish, you may request that the officer on the scene compose a report. Questions concerning how your accident report or police reports will factor into a damages case are something you may choose to bring up with an experienced auto accident attorney.