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The police officer didn't file accident report. What is the best way or established protocol to help or encourage them to do it?

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Skyler13

Member
I'm in Boston, MA.
My auto insurance claims rep requested and paid for the police report, but did not receive it. The accident was in December. The other car insurance initially accepted full liability, but later completely denied it. They say there is no evidence, our driver tells a different story, it is all "word vs word case".
They found out that there is no police report.

I spoke with one of the managers /supervisors at the Geico Claims Department (another party's insurance). She agrees that another driver should yield when entering the traffic circle, there is a sign posted there. Hitting a car already in the circle, perpendicular to the center of the passenger side, happened either because he could not break on a slippery road, or was distracted.
But I hear in her voice (as well as of another their Claims representative I talked to earlier) that they see the missing police report as their "last line of defense", since there is nothing but "different stories from two sides".

My insurance rep requested the police report again, called the State Police station, an officer there assured they will email it.
Instead he emailed (I quote it) "On my end I do not see an accident report. The only report related to that incident was an arrest that have nothing to do with the crash itself. Looks like the Primary Trooper completed the crash as a paper exchange due to minor in nature of the crash." I don't know how to interpret the above sentence written/sent probably without reading it again himself.

He gave the email of the trooper, who has not yet replied to my representative or my request.

But the accident was not minor. The damage to my car is over $3K, closer t o$4K. My son was injured, but not hospitalized. I emailed the trooper his own Incident report (basic info - names, vehicles, insurance, date, time, location), my MA RMV crash report, other brief relevant information.

At least 7 people came to the scene. First a fire truck with paramedics who were just waiting for the ambulance, then the first police officer, then the ambulance, which assessed the injuries and recommended but did not insist on going to the hospital (my son is 21). Finally, another police car arrived. They let me go and continued questioning and explaining something to another driver.

What else could I do to help the police officer to write and submit the results of his assessment (in his basic report it is called "investigation")? I can drive to that police station myself, but it is far away and I am not sure if it will help. The chances of seeing the responding officer ("Primary Trooper") there are low.
 


adjusterjack

Senior Member
There is nothing you can do to compel the police to provide, or write, a report if there isn't one.

Besides, a police report is not "evidence" of anything. An officer can only testify as to what he observed when he arrived. He cannot testify to what he was told by anybody. That's hearsay. Anybody who arrived after the collision is also not a witness to fault.

All a police report is good for is to memorialize that the accident happened. Nobody's deny that it happened.

If there is a dispute as to fault, and you have no independent unbiased witnesses, then you use your collision coverage. If you don't have collision coverage you are free to sue the other driver and try to convince a judge or jury that the other driver was at fault.
 

zddoodah

Active Member
Besides, a police report is not "evidence" of anything. An officer can only testify as to what he observed when he arrived. He cannot testify to what he was told by anybody. That's hearsay.

Statements made by an opposing party are either defined as not hearsay (if the state follows the Federal Rules of Evidence) or are an exception to the hearsay rule. There are also other circumstances when it could be used in court - especially if the officer happened to witness the accident. Also, insurance adjusters are not constrained by the rules of evidence.

My guess in this case is that some report was already submitted by the cop and that it doesn't say much more than that the accident was minor in nature ($3-4k is minor) and that the parties exchanged required information.
 

not2cleverRed

Obvious Observer
I will assume that you have followed all the directions for submitting your MA RMV crash report.
https://www.mass.gov/how-to/report-a-motor-vehicle-crash

Have you checked the public records portal?
https://massstatepolice.govqa.us/WE...405av3rskkohq))/CustomerHome.aspx?sSessionID=

I assume that the accident was in one of those wonderful places like the I95/Rte 20 interchange, since it was state trooper rather than local police that responded.

I would be curious about what the arrest was about. You don't mention an arrest or even a citation at the scene.
 

Taxing Matters

Overtaxed Member
I'm in Boston, MA.
What else could I do to help the police officer to write and submit the results of his assessment (in his basic report it is called "investigation")? I can drive to that police station myself, but it is far away and I am not sure if it will help. The chances of seeing the responding officer ("Primary Trooper") there are low.

The cop didn't write up a report and there is no way to compel him to do it. Your recitation of your efforts to get it suggest the cop isn't interested in doing it. Moreover, there is no guarantee that the cop's report would be at all useful to the other driver's insurance company to get it to pay your claim. These kinds of accidents can be quite difficult to assign fault if the only available is the damage to the vehicles and the conflicting statements of the people involved. That may be why the cop doesn't want to write up any more detail — there probably isn't a whole lot to say, at least that would bear on the issue of fault. The cop's determination of fault wouldn't be admissible in court should you sue the other driver over this unless the cop would quality as an expert witness. Most cops are not specifically trained to be accident reconstruction experts. If the cop isn't an expert all his report would be good for is any persuasive power it might have with the other insurance company. If the cop's report is simply a recitation of the statements of the two drivers it may not be that persuasive. If the report identified witnesses who saw the actual accident then the statements of the those witnesses could be very useful.

It's frustrating when you are sure you weren't at fault and the other driver's insurnace company won't agree to pay. That leaves you two choices. The first is simply make the claim to your own insurance company and let it pursue the issue with the other insurance company for what it paid on your claim. That's probably going to be the better of the two options.

The second is to sue the other for the damages. The other driver's insurance will then provide a lawyer to represent the other driver. If you want your own lawyer, you'll have to pay your lawyer's fees and costs out of your own pocket. It is extremely any lawyer would take a case with damages this low on a contingent fee basis. Your legal fees could easily exceed whatever amount you might be able to get out of the lawsuit and generally your legal fees are not recoverable from the other side even if you win. Those costs are yours to pay, win, lose or draw. Thus, this route could simply end up with you paying out even more money over this.
 

BensonBingham

Active Member
It can be frustrating when a police report is missing, especially when it plays a key role in your case. Unfortunately, if the officer chose not to write a formal report, there’s no way to compel them to do so now. While a police report can be helpful, it's not necessarily required to prove fault. It’s important to remember that a report only memorializes that the accident occurred. If fault is disputed and no report exists, you can use your collision coverage or take legal action against the other driver, presenting any photos, witness statements, or other evidence you have.
 

quincy

Senior Member
… Unfortunately, if the officer chose not to write a formal report, there’s no way to compel them to do so now. While a police report can be helpful, it's not necessarily required to prove fault. It’s important to remember that a report only memorializes that the accident occurred. If fault is disputed and no report exists, you can use your collision coverage or take legal action against the other driver, presenting any photos, witness statements, or other evidence you have.
Unless the police officer witnessed the accident, the police report cannot “prove fault.”
 

Mark_A

Active Member
Was a traffic citation issued for the accident? If not, I don't know what good a police report will do.
 

Mark_A

Active Member
There was an arrest unrelated to the vehicle accident.
Yes, I got that. But if no traffic citation was issued to the other driver for the accident in question, then the accident report would not be of much use to the OP. So getting the police to file one now, seems of not much use. But I am "assuming" that no traffic citation was issued for the accident.
 

Zigner

Senior Member, Non-Attorney
Yes, I got that. But if no traffic citation was issued to the other driver for the accident in question, then the accident report would not be of much use to the OP. So getting the police to file one now, seems of not much use. But I am "assuming" that no traffic citation was issued for the accident.
I disagree.
I was involved in an accident. The other driver admitted (as documented on the police report) that he came into my lane, causing the accident, yet no citation was issued. His insurance company paid my damages in full based on the other driver's statement to the police. The point is that the issuance of a traffic citation is a separate matter.
 

Mark_A

Active Member
Right. A police report on its own proves nothing unless the police officer witnessed the accident.
I don't completely agree. If the officer did an investigation (asking the drivers and witnesses what happed, looking at skid marks, looking at damage to the vehicles, etc. and then issued a traffic citation against the other driver, that would help the OP. If no traffic citation was issued, then it probably means that the police did not know and/or could not reasonably determine who was at fault (or maybe in this case just left the scene for some other incident). If the other other driver had received a traffic citation for the accident, that would most likely help the OP quite a bit, even if it is not "proof."

The point being that if no traffic citation was issued, I don't see what good the accident report would be if the police where to now file one.
 

quincy

Senior Member
I don't completely agree. If the officer did an investigation (asking the drivers and witnesses what happed, looking at skid marks, looking at damage to the vehicles, etc. and then issued a traffic citation against the other driver, that would help the OP. If no traffic citation was issued, then it probably means that the police did not know and/or could not reasonably determine who was at fault (or maybe in this case just left the scene for some other incident). If the other other driver had received a traffic citation for the accident, that would most likely help the OP quite a bit, even if it is not "proof."

The point being that if no traffic citation was issued, I don't see what good the accident report would be if the police where to now file one.
The post you quoted was previously deleted.
 

Mark_A

Active Member
I disagree.
I was involved in an accident. The other driver admitted (as documented on the police report) that he came into my lane, causing the accident, yet no citation was issued. His insurance company paid my damages in full based on the other driver's statement to the police. The point is that the issuance of a traffic citation is a separate matter.
OK, I would never have imagined that a police officer would not issue a traffic citation if a driver admitted fault in an accident. For one thing, it is source of revenue for the city. Failure to Maintain Lane where I live is a $260 fine.
 

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