Q: How can I address a police report omitting key hit-and-run details in California?

I was involved in a hit-and-run incident where my car was hit on the left rear panel. Despite my attempts to signal the other driver to stop, she fled the scene. I managed to take a live photo showing her license plate and her driving away, then called 911. I was instructed to stop following her and wait for an officer. When the officer arrived and took my statement, they charged me with making an "unsafe lane change" after speaking to the other driver, who did not stop. The police report omits my attempts to get her to pull over and excludes my wife's witness statement. Additionally, the report may affect my insurance deductible, despite handling the vehicle damage with my insurance. I kept the replaced bumper as evidence. How can I ensure the officer is held accountable for any potential falsification in their statement?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, you have the right to request amendments to a police report that contains inaccuracies or omissions. You should promptly file a supplemental statement with the law enforcement agency that prepared the report, detailing the omitted information about your attempts to signal the other driver and including your wife's witness statement. This supplemental statement becomes part of the official record and can be crucial for both insurance claims and potential legal proceedings.

Following the submission of your supplemental statement, request a formal review of the report by contacting the supervising officer or the department's internal affairs division in writing. Document all communication with the police department, including dates, times, and the names of officers with whom you speak. Your preserved evidence—the live photo showing the license plate and the replaced bumper—strengthens your position considerably and should be clearly referenced in your communications.

The improper citation for an "unsafe lane change" can be contested through the traffic court system, where you can present your evidence and witness testimony. Meanwhile, provide your insurance company with copies of all documentation, including your supplemental statement and evidence photographs, which may help prevent adverse effects on your deductible despite the erroneous police report. Remember that time is of the essence—many jurisdictions have limited timeframes for amending reports or contesting citations, so acting quickly improves your chances of a successful resolution.

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