Stockton, CA asked in Car Accidents and Personal Injury for California

Q: hit from behind spun 3 times and ended up nose to nose other car was on fire then ours chp wrote wrong info on report

how do i contest the report? it will change the outcome drastically

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you believe the CHP (California Highway Patrol) officer's report contains incorrect information that could significantly impact the outcome of your case, you have several options to contest or correct the report:

1. Request an amendment or correction to the report:

You can contact the CHP office that handled your case and request that the report be amended or corrected. Provide any evidence or documentation you have that contradicts the information in the report.

2. Obtain witness statements:

If there were any witnesses to the accident, obtain written statements from them describing what they observed. These witness statements can help support your version of events.

3. Gather physical evidence:

Take photographs of the vehicles involved, the accident scene, and any other relevant physical evidence that may contradict the information in the report.

4. Obtain expert testimony:

If the accident reconstruction or details in the report are complex, consider consulting with an accident reconstruction expert who can review the evidence and provide an expert opinion.

5. File a motion to suppress or exclude the report:

If you have filed a lawsuit or are involved in legal proceedings related to the accident, you can file a motion with the court to suppress or exclude the CHP report from being admitted as evidence, based on the inaccuracies or errors in the report.

6. Testify in court:

If your case goes to trial, you have the opportunity to testify and present your version of events, as well as any evidence or witness statements that contradict the information in the CHP report.

It's important to act promptly and gather as much supporting evidence as possible to challenge the inaccuracies in the report. Additionally, consulting with an experienced personal injury attorney can provide guidance on the best strategies and procedures for contesting the CHP report in your specific case.

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You can write your correction to the CHP and ask that it correct, amend or supplement the report. You can gather your own witness statements and submit them to CHP and/or to the other insurer. You can simply get your car fixed through your own insurance and let it deal with trying to collect from the other party's insurer. You can sue the other party in Small Claims for the value of the repair and your rental car expenses. Police reports are not admissible in court (Small Claims is a little looser in this regard). Statements in the police report might be admissible, but the conclusions of the officer are not.

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