A few questions about police reports

[dasgimpen]

I was in an accident last week on my way home from work. I was riding home on Coleman and an elderly woman decided to make a Right turn from the Left-hand lane right in front of me. I hit the side of her trunk at about 40mph and took flying lessons (was on my bike at the time). I'm fine, but it did win me a trip to Valley Medical.

Point of this is, I just got a copy of the police report yesterday, and I'm a little less than pleased. I'd like to go into this at least somewhat well-informed, so I had a few questions I was hoping someone could help with.

1) The officer who took the report managed to get all my information, including my phone number and the name of my insurance company, but did not get the other driver's phone number or insurance company. I find this a little odd, since I was strapped to a backboard at the time and she was fine. Is it not standard procedure to fill in that part of the report for BOTH drivers? (I wasn't able to get her information myself, what with being tied down, so I'm relying on the police report).

2) Neither my statement nor a statement from the other driver is included. When I get ahold of the officer, the first thing I'll ask is if I have the entire report or if I'm missing some of it. In the event I'm not, is it not standard procedure to get statements from both parties? Isn't that part of how fault is determined? The officer came to the hospital (eventually) and listened to my statement, but he didn't write any of it down as I was telling him. I guess, in my post-accident haze, I figured he was going to write it down in the car or something. I wish I'd said something, but it didn't register at the time.

3) A supplimental report was attached, which was a statement from a witness taken by another officer. I'm thankful for this, however I know there were several witnesses, not just one. They helped me pick my bike up out of the street (the backboard I mentioned earlier was a precaution the paramedics insisted on), called 911 for me etc. I also know there was a passenger in the other car, as she identified herself as such. Is it not standard procedure to take statements from all witnesses, or at least more than one? Like, say, the one who was a passenger in the car? Not just the guy down the street who kind of saw it?


This is the first time I've had to deal with anything like this, so I know I may not understand how things actually work, but it appears to me that the officer did a very poor job of reporting the incident (he got several details of the accident wrong as well), and I'm the one who's going to pay the price for it. Can anyone share any insight about any of my questions or anything relating? I would really appreciate it.

Thanks,

Scott

[kawikz]

hit and run??

[antarius]

I often take collision reports where I don't include the statements from every person around who says they saw the collision.

In most cases I'll determine, as best as I can, what the two or three best witnesses or statements are, and the physical damage/evidence to determine an at-fault driver.

You may want the other witnesses statements in there, and you can get that information yourself and request it be added, but in most cases it is not necessary.

It is, however, common practice (not sure about procedure, each department varies) to get driver and passenger statements at the least.

Then again, in some cases I do a simple "summary / cause" report, where there's no statements included; The reason being, the evidence/damage is self explainatory and the statements aren't really needed. It would odd for a "summary / cause" report to be taken during an injury accident though.

I'd recommend contacting the Officer and asking him if there are any supplements awaiting approval. If not, simply ask why statements from the driver or yourself were not included; There very well may be a good reason, or you may not need it in the end anyhow.

Next, ask him about the insurance information. If he has it on file, ask him to give it to you -- a supplemental report would be a giant PITA for him... be nice and maybe he'll be more helpful than you expect. :)

Good luck!

[motorman4life]

I would ask the officer why they did not get her insurance information and phone number. Since you provided your info to the police, who were making a formal report, it is reasonable to expect that reciprocal information would have been documented in the report.

As for her proof of insurance, she was required to provide that at the scene, pursuant to 16025 CVC. If she did not have it or could not provide it, she should have been cited for 16025 CVC, at the scene.

Rest assured, your insurance company should be able to locate her insurance information in their "system" with the info you have, but the police really should have obtained it for the report.

Before you get all fired up and more importantly than all of the questions you asked. On page 2, in the 1st column, under PCF or Primary Collision factor, what code section is listed there and is it associated with you or her (there should be a party number, usually it would read:

Party Primary Collision Factor
1 22107 VC

below that would be check boxes for weather and road conditions. Which party are you? Which party is listed on page 2 next tot he PCF and what PCF is listed?

In the 3rd column, under "Associated Facors"
what boxes are checked and associated with which parties?

I'm trying to make sure you aren't being screwed over. ;)

[dasgimpen]

Thank you to everyone who's replied so far, its been very helpful. I left a message for the officer yesterday and he called me back last night, but I was driving at the time. He agreed to call back in an hour and never did, so I'll try again today since I don't plan on going anywhere.

In answer to questions posed...

- It was not a hit and run. She stopped and provided (some) information to the police.

- The very first question I ask the officer the next time I talk to him will be "do I have the complete report?" because I'd hate to start grilling him for no reason. If I do, the next questions will about the missing information and statements. While it may not be mandatory to provide more than a summary, I would think it reasonable to provide more information in a situation where my bike is likely totalled and I was sent to the hospital.

- The Primary Collision Factor section is NOT filled out. There is no mark in that box and no code as you described. There is no PCF or party assigned.

- The only boxes under "Associated Factors" checked are "None Apparent" for both parties.


Thank you again to everyone!

Scott

[motorman4life]

It sounds like you have an incomplete or draft report.

For the investigation to be anywhere near complete. Can you draw a diagram? I may be able to provde the correct PCF for you to "suggest" based upon your version of the events.

Diagram and approxiamte distance to the intersection for both vehicles at the time of impact.

[dasgimpen]

Sorry its been so long since I've updated. A little progress has been made, but it doesn't look too good for me.

I was finally able to contact the officer who took the report. I explained my concerns and what I felt was wrong with the report, and he basically told me "too bad." As far as not taking more statements, he said he usually talks to the drivers to see what happened, but uses an eye witness statement in the report if one was present. As for not including more of the other driver's information, he called it an "oversight" on his part. Of course, when he finally called me back, he didn't have the report in front of him, even though I'd left the case number in the message every time I'd called him. He refused to amend the report and told me it was in the insurance company's hands to decide now.

As far as my insurance company goes, they don't want to help me. I had just bought the bike from my dad 2 weeks prior and had not transferred the title or insurance yet. The bike was and is insured, but I am not named on my dad's policy, so they will not cover me. I have not heard anything from the other driver's insurance, so I will be calling my insurance this week to see if they got ahold of her company and where that stands.

motorman, I'll try to draw you a picture a little later when I have time.

Thanks again to everyone who's helped, I appreciate it.

Scott