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An accident report is a straightforward document detailing the circumstances of an accident. Well, it is straightforward for a police officer, at least. For you, it may seem that accident reports basically consist of overlay codes you do not understand. And they actually do.
These codes give your insurance company and lawyer an objective overview of the accident. The codes and the officer’s observations can also make or break your personal injury case.
How? Keep reading to find out.
What Is an Accident Report?
A crash report is also known as a Georgia Uniform Motor Vehicle Accident Report in Georgia. It is a document a police officer completes once they arrive at the scene of an accident. An accident report usually contains the following:
- The time, date, and site of the accident
- The names and contact details of everyone involved, including witnesses
- The insurance information for all involved drivers
- A detailed description of what happened
- Overlay codes to classify certain aspects of the accident
- A crash diagram
- Notes from drivers and witnesses
An accident report is also a neutral version of events, which is crucial if you want to pursue a personal injury claim.
How Accident Reports Impact Personal Injury Claims
One of the main purposes of an accident report is to determine who was at fault for an accident. The police officer writing the report will include observations and statements that make this process easier. They will also indicate factors like traffic citations for speeding, distracted driving, or running a red light.
A police officer can determine fault while still on the scene. While their opinion or assessment is not usually legally binding, insurance companies and courts will consider it.
Providing Evidence for Insurance Companies
Insurance adjusters also use accident reports when evaluating claims. The details, including the officer’s version of events and diagrams, can help them decide whether to approve or deny a claim. It can also help them put together a settlement offer.
Legal Case Support
If you want to file a personal injury claim, your lawyer will use an accident report as evidence. The report can help prove your claims or statements. It can also highlight the negligence of the other driver. Furthermore, the report can reference witness statements and other forms of evidence.
The Role of Overlay Codes
Overlay codes make it easy for an officer to categorize essential information on an accident report. For instance, 5 means a driver exceeded the speed limit, while 29 means texting while driving. 38 refers to aggressive driving, while 45 means a driver lost control of their vehicle due to distraction.
The above codes refer to contributing factors in an accident. There are also codes for environmental conditions during an accident and roadway contributing factors, among many others.
Depending on the overlay codes on your accident report, they can strengthen your claim. But, beware of errors. If codes are incorrectly applied, it can devastate your potential personal injury claim. For instance, if it is incorrectly noted that you were speeding, you may be unfairly blamed for the accident.
Errors in Accident Reports
Unfortunately, accident reports are not immune to errors. It is common for names, addresses, and insurance information to be taken down incorrectly. It is also very possible for a police officer to interpret an accident scene incorrectly. They may place the blame on you when the reality is that the other driver is to blame.
Furthermore, if there are incomplete sections of the report or a lack of diagrams, it can also weaken your case.
How to Make Sure Your Accident Report Is Accurate
There are ways to prevent errors from appearing in your accident report. For example, while you are still at the accident scene, give clear and truthful information to the responding officer.
Do not, under any circumstances, guess or speculate about the cause of the accident. If you do this, you increase the risk of inaccurate information being noted in the report. Also, do not take responsibility or push the blame onto the other driver. Instead, stay calm and just provide the facts.
You should also take your own notes and photos. If you have not been seriously injured, you must record videos, take several photos, and make notes on your phone. Even if something seems unimportant, make a note of it. This can include anything from road conditions to bad weather.
After the official police report becomes available, get a copy for yourself. Read the entire report carefully and look for mistakes. If you find them, contact the reporting officer or department to have it fixed.
If you want to use the report as evidence for a personal injury claim, hire a lawyer to help you. Your lawyer can review the report on your behalf and find issues that you may have missed. They can also help you fix the errors so the report can strengthen your claim.
Why You Need a Lawyer
A lawyer will work through all your evidence, not just the police report. If your lawyer believes you were not at fault, they will gather additional evidence to prove it.
Your lawyer will also negotiate with insurance companies to ensure you get the necessary compensation. Insurers are known for downplaying injuries or the severity of damages. Your lawyer will anticipate these tactics so you do not get a lowball offer.
If there is no chance of a settlement, your lawyer will notify the insurer of your intent to file a lawsuit. Sometimes, just filing a lawsuit motivates an insurance company to offer a decent settlement.
If this does not work, you can proceed with a court case during which your lawyer will represent you. Remember that the statute of limitations in Georgia is two years, so there is not a lot of time to wait.
Accident Reports Are More Than Paperwork
Accident reports are a critical part of personal injury claims in Georgia. Your lawyer will interpret your report’s overlay codes and have errors fixed to ensure the report works in your favor.
Never wait to hire a lawyer after an accident. The faster you get the ball rolling, the sooner you can get the compensation you deserve.
