When you receive your California Highway Patrol (CHP) report, you must check that it’s accurate. After all, problems can slow down your insurance or compensation claims.
But what happens if you do discover a mistake? Or what if the other driver disputes the crash report, and you’re challenging their version of events? Such questions can cause serious concern.
Below, we explain how you might dispute a crash report from the California Highway Patrol. We also explain what to do if another driver disputes the report.
What Is an Accident Report?
An accident report is an outline of what happened during a crash involving one or more vehicles. It includes various factual details, such as:
- Date, time, and location of the crash
- License plate number(s)
- Vehicle(s) make and model
- Driver(s) insurance and contact details
- Witness details
- Injuries and/or property damage
Accident reports from the CHP also include an officer’s narrative and diagram. This is when the officer sets out, in their words, what happened, based on evidence.
Where Do I Obtain a Copy of My CHP Crash Report?
It’s easy to access your report.
- Make sure you have the basic details you’ll need, such as your license plate number.
- Confirm that you’re an interested party. Interested parties include the driver, vehicle owner (if different), and parents/guardians.
- Submit a request form to the CHP for your collision report. Pay any applicable fee.
- Await a copy of your report. This could take a week or two, depending on how busy the department is.
Completing the process online saves you the trouble of visiting your local CHP office.
Does a Crash Report from the California Highway Patrol Show Fault?
The short answer is yes, it can. The better answer is that, while a CHP report suggests fault, it is not definitive.
First, let’s be clear on what is meant by “fault” in traffic accident cases.
“Fault” means showing that (at least) one driver’s careless actions caused the crash. In other words, were it not for that driver’s negligence, the accident would not have occurred. And sometimes, there’s more than one driver to blame. This is common in complex cases.
Does a crash report from the California Highway Patrol show fault? Well, the officer’s narrative is strongly suggestive of who caused the crash. Depending on how the report is worded, it could be very clear who the officer believes is at fault.
The officer’s opinion, even if it’s based on evidence, is not conclusive, though. As we’ll describe, it can be challenged. Challenging an officer’s narrative is where crash report disputes often stem from.
Why Are California Highway Patrol Crash Reports Disputed?
There are a few reasons why drivers dispute crash reports. Typically, it comes down to denying fault, or liability, for the crash.
California is a fault-based state. This means that the driver at fault can still claim damages, but their award is reduced by how much they were at fault.
For example, say one driver is mostly (80%) at fault. They can claim compensation, but they’ll only get 20% of the “full” value due to them. The other driver, who was 20% responsible, can claim 80% of the full value of damages.
Other reasons for challenging a crash report include:
- Factual errors e.g. wrong crash location
- Inaccuracies e.g. you said you had neck pain, but the officer wrote down arm pain
- Omissions e.g. you said you had property damage, but this is not mentioned
Any driver concerned about a report’s contents can dispute it. This means you could face delays to your compensation claim, if the other party successfully requests an amendment.
Can I Appeal a Disputed California Highway Patrol Collision Report?
Yes, and you absolutely should. How you appeal depends on who disputes the report, though.
- Insurance company: Your insurance company may want to avoid paying out by saying you were at fault. So, provide information to show why the report is accurate and why you deserve damages. Otherwise, you risk losing out on damages you’re entitled to.
- Other driver: The other driver may be reluctant to accept liability. They can ask the police to amend the report. Or they might hire a lawyer to show why the report is wrong.
In all cases, you’ll need to provide proof to support your version of events. This could mean, for example, providing medical records, or photos from the scene.
What is the process for appealing a CHP report dispute? The exact process varies, but often, you will:
- Contact your insurance provider to explain what happened. Don’t say anything which could imply fault, though. Simply show why the report is accurate and why you deserve a certain level of damages. Put the onus on them to prove why the report is inaccurate.
- Hire an attorney. Disputes where both parties deny liability can go to court. And the sooner you have a lawyer acting for you, the quicker you can respond to report disputes.
Failing to appeal a disputed report could mean you lose out on most – or all – of the damages you are entitled to. So, the quicker you respond to any issues with your California Highway Patrol Accident Report, the better.
Can Police Accident Reports Be Amended?
It’s often possible to amend a police report. Doing so can sometimes help to avoid disputes down the line.
To be clear, it’s easier to ask the police to amend factual errors. Factual errors include, for example, the wrong license plate number, or the wrong contact details.
It’s harder to amend certain types of errors, such as the contents of the other driver’s statement. Even if the details are inaccurate, they form part of the statement. As such, it’s legal evidence which cannot be easily amended.
- If the other driver successfully disputes the accident report, it may be amended. You may be required to send the new report to your attorney or insurance company.
- If you successfully challenge the report, you can have it amended. The onus then falls to the other driver to make their own counterarguments.
How Long Do I Have to Dispute California State Highway Patrol Crash Reports?
Technically, you have two years from the accident date to file a personal injury claim. And you have three years to make a property claim. So, you can dispute inaccuracies until then.
However, you should dispute crash reports as soon as possible. Otherwise, vital evidence to support your side of the story could be lost. And questions may arise as to why it took so long for you to dispute the report!
Do I Need an Attorney?
Possibly. A lawyer can help if:
- You are disputing the report, but the police will not amend the details; or
- The other driver disputes the report, and you are unsure how to respond.
If you have any questions or concerns about your report, always get legal advice. Your car crash claim is too important to leave anything to chance.
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