Can a Police Report Be Used Against You in a Car Accident Lawsuit in New York?

Car accidents are a common occurrence on New York roads and can often lead to various legal questions. One of the most fundamental questions that often arises is whether a police report can be used against you in court.

While a police report is not always conclusive in establishing fault in a New York car accident lawsuit, it can potentially be used against you. If the police report contains damaging details such as admissions of fault or contradictory statements, it can significantly impact your case. Fortunately, these reports cannot be admitted as evidence in a trial in most cases. However, they can play a crucial role in insurance negotiations, making them a vital instrument for both parties. Our team knows the best uses for the information in police reports and can put that knowledge to use in your case.

For a free case analysis with our New York car accident attorneys, contact The Carrion Law Firm at (718) 841-0083.

Can a Police Report Be Used Against You in a New York Car Accident Lawsuit?

In New York, police reports are generally considered hearsay and, hence, are not typically admissible as evidence in court. That does not mean that they cannot be useful during litigation. Our Brooklyn car accident attorneys routinely use them to get an overview of the incident and identify witnesses and other pieces of evidence. The following will help you understand what information can be used in New York police report:

Admitting Police Reports as Evidence

According to the New York Rule of Evidence 8.00, hearsay is described as a statement made outside the courtroom and presented to prove the truth of the matter expressed in it. In simple terms, hearsay involves utilizing someone’s spoken or written words, such as a document, to assert the truth of what those words indicate.

Following this, Rule 8.01 establishes that hearsay evidence is usually not admissible in court because of the inability to cross-examine the person or document making the assertion. As police reports are statements made outside of court, they are considered hearsay and, hence, are generally inadmissible under Rule 802. However, this rule has specific exceptions, as with many legal principles.

Rule 8.08 excludes the hearsay rule for public records and reports, including police reports. In civil injury cases, police reports might be admissible as evidence if they meet specific conditions. For instance, the report must be made by a public office or agency, and it should detail the office’s activities, observations made under a legal duty to report, or factual findings from an investigation carried out under the authority granted by law.

Nevertheless, even if a police report meets these specific criteria, Rule 8.08 specifies that it might be excluded if the source of information or other factors indicate a lack of credibility. However, it is rare that a police report is admitted under this exception. In most cases, the officer who made the report will come into court to testify to what they directly observed.

Admitting Statements the Defendant Made

Rule 8.03 provides an exception to the hearsay rule for statements made by the opposing party. This means that if the defendant in a car accident lawsuit makes a statement included in a police report, this statement can typically be admitted as evidence. As a result, these statements are often considered more reliable than other types of hearsay and are allowed to be presented as evidence.

The impact of Rule 8.03 on legal proceedings is profound. If the defendant made a statement at the accident scene that suggests they were at fault, such as admitting to speeding or not paying attention, this statement could potentially be used against them in court.

However, the admissibility of such statements often hinges on specific circumstances. The court will consider factors like when and where the statement was made, the context of the statement, and the overall reliability of the information.

While the defendant’s statements can serve as powerful evidence, it’s crucial to understand that they are not conclusive proof of liability. They form just one piece of the evidentiary puzzle that the court will consider alongside other factors. Physical evidence from the accident scene, witness testimonies and expert analysis also play a significant role in determining liability.

Admitting Witness Statements and the Officer’s Opinions

Rule of Evidence 7.03 places limitations on individuals from expressing their opinions during testimony unless they are testifying as an expert witness. This rule is also applicable to written opinions, including those in police reports. If a police officer offers an opinion in a report, for instance, determining who was at fault in a car accident, this opinion is usually seen as inadmissible under Rule 701 because the officer is providing an opinion as a layperson, not as an expert in the field.

However, there are certain exceptions to this rule. If a police officer can be certified as an expert in a relevant field, such as accident reconstruction, their report might be admissible as an expert opinion under Rule 7.01. To be qualified as an expert, the officer must have specialized knowledge, skills, experience, training, or education in the area. Once the court recognizes the officer as an expert, their opinion about the cause of the accident could be admitted as evidence.

Another complicated issue to consider when admitting police reports as evidence is the issue of hearsay within hearsay, also known as “double hearsay.” This situation arises when a statement contains two or more layers of hearsay, such as a quotation from a witness included in a police report.

These statements are typically not admissible. The reason is that the witness or the officer writing the report is not the person who made the original statement. This makes it hearsay within hearsay, which is usually inadmissible unless both statements fall under an exception to the hearsay rule.

Can Insurance Companies Use a Police Report Against Me in a New York Car Accident Lawsuit?

Contrary to what many might believe, insurance companies do not have to agree with the officer’s opinion mentioned in the police report. They conduct their own investigations and make determinations based on their findings. However, they might use the police report to challenge your version of events or to downplay your injuries, thereby attempting to reduce the settlement amount.

One particular area where a police report could be used against you involves any statements you might have made at the scene of the accident. If you admitted fault or made comments that could be interpreted as admitting liability, these could be used by the insurance company to argue that you were at fault, even if these statements might not be admissible in court.

While the police report itself might not be admissible in court, it can still serve as a significant tool during settlement negotiations. Insurance companies might use the details in the report, such as the officer’s opinion or your statements, to argue for a lower settlement amount. They might contend that these factors increase your contributory negligence, thereby reducing their insured’s liability.

Our New York Car Accident Attorneys Can Help Make the Best Use of the Police Report in Your Case

Call The Carrion Law Firm at (718) 841-0083 to receive a free case review with our Flatbush car accident lawyers.