Motor Vehicle Accident Personal Injury: Why Police Reports Aren’t Enough
One of the least understood concepts in motor vehicle accident personal injury claims is the role of police reports. Many are surprised to find out they cannot be used to solely prove a case against another motorist. When a South Florida motor vehicle accident results in injury, the police are called and an accident report is filed. The injured party might assume they can rely on the police report to prove their case in court. However, this isn’t always the case under Florida law.
In some scenarios, the insurer for the at-fault party may accept liability based on the police report. However, many insurance companies fight every claim, even if the investigating officer determines their insured motorist is at fault. This reluctance to accept liability can complicate matters for injury victims seeking compensation.
What is Accident Report Privilege?
When the negligent party or their insurer denies liability, you might encounter the accident report privilege. In Florida, any motorist involved in an accident causing injury or property damage must stop at the scene and wait for the police. The officer will document details, including statements from parties and witnesses, to establish liability and aid insurance claims. The parties involved can share the completed report with their respective insurers to determine which insurance should pay for the damage and injuries.
Other Uses for Accident Reports in Personal Injury Cases
Despite its potential usefulness, the accident report cannot always be presented as evidence in court due to the accident report privilege. This rule restricts its use unless specific conditions are met, such as if someone leaves the scene or makes a spontaneous incriminating statement to the police. However, even if the report cannot be used in court, it can still serve as valuable evidence for building your case. The eyewitness information and accident details can help our experienced team get you the compensation you deserve.
Contact Schwed, Adams & McGinley
At Schwed, Adams & McGinley, P.A., our seasoned personal injury attorneys boast over 200 years of collective legal practice. We represent victims of motor vehicle accidents, slip and fall incidents, and other personal injury scenarios in Florida. Our team has significant experience representing motorists injured in accidents with motor vehicles they had no part in causing. We empathize with the frustration you may feel if you’ve been injured due to someone else’s negligence. Rest assured, we know how to construct a compelling case on your behalf. If you or a loved one has suffered injuries in a motor vehicle accident, slip and fall incident, or any other scenario caused by another party’s negligence in Florida, don’t hesitate to reach out to the experienced personal injury attorneys at Schwed, Adams & McGinley, P.A. for a free consultation. Contact us today at 877-694-6079 or via email at contact@schwedlawfirm.com.