I am currently about to get the wheels back in motion for a lawsuit. and before I go and try to do this can someone tell me if a police report is NEEDED or if I can proceed with this without one. I have medical bills and what not but I need to know if I have to have that police report showing that the incident occurred or if the medical bills and what not are enough.
2007-03-09 07:13:19 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It was just a question I was just asking to see what others thought. thanks though
2007-03-09 07:24:52 · update #1
Assuming you are not at fault and you havve significant injuries - file your lawsuit, get the police report during the process. This is important, especially if you are running up against a statute of limitations (2 years in California for motor vehicle personal injury).
The police report is inadmissible hearsay (in California, anyway) but can be used to cross-examine the reporting officer. It would be nice to know what it says (i.e if it faults you, you have to contend with that fact), but is by no means dispositive. We have successfully litigated numerous motor vehicle lawsuits where the police report was either unavailable, or where the report contained conclusions with which we disagreed.
Please note, however, that without knowing the specific facts of your case, the recommendations contained herein are for purposes of discussion, only, and this is not to be construed with or taken as legal advice.
Good luck.
2007-03-09 07:50:24 · answer #1 · answered by huck_fumble 2 · 0⤊ 0⤋
You really should be talking to an attorney in our state...some of the answers here are just plain wrong. Many states, the police report might not even be admissible because of the hearsay rule. Evidence laws vary by state, so what may be true in California might not be true in Texas.
I've been an attorney in California since 1993. In any lawsuit, you should be prepared to have your witnesses and other evidence like pictures ready to show how the accident occurred. About the only place you might be able to use a police report in lieu of other evidence would be small claims court.
Police reports might be helpful in terms of the investigation and gathering evidence, but you should not rely on it too much. But most important of all, consult a local attorney.
2007-03-10 09:46:56 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
A police report is absolutely necessary - don't be foolish to try it without one.
Your attorney should have told you this to begin with unless you intend taking your case before the Small Claims Court without one!
And if this is your intention you would be indeed foollish to go to court with out it since there would be actual evidence of whose fault the accident was!
2007-03-09 15:20:37 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Maybe not, but every little bit of evidence helps. Go to the police station where the incident occured and request it It is free.
2007-03-09 15:22:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It should be an easy matter to get the report, I think it will be needed.
2007-03-09 15:19:07 · answer #5 · answered by Maria b 6 · 0⤊ 0⤋
Yes, you'll need a report.
2007-03-09 15:22:23 · answer #6 · answered by Budlightgurl 4 · 0⤊ 0⤋
Wouldn't your lawyer be the best advisor?
2007-03-09 15:21:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋