16 Aug Is A Crash Report Admissible In Florida Courts?
A crash report can be an incredibly helpful tool when determining liability in accident. Determining liability can also be considered as essentially, who is at fault? But, is a crash report admissible in Florida courts? Well, often times, when it comes to the law, it depends. Although Florida Law does protect communication between an officer and a party at the scene of an accident to promote truthfulness, is the actual report admissible?
Admissibility Of Crash Report Under Florida Law
If you look under Florida Statute §316.066(4) when trying to determine if a crash report admissible in Florida courts, you will find:
“Except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. Such report or statement may not be used as evidence in any trial, civil or criminal.”
Therefore, it is highly unlikely that the contents of the crash report will be admissible in court to prove any type of liability when it comes to the accident. However, you want to make sure to stick to the facts and your answers are short and concise.
Why Make A Crash Report?
If a crash report is not admissible, then why make a crash report? There are numerous reasons. Any witness statements are admissible and it is important to have their contact information should it be needed later for future issues regarding liability. It is also important to have a list of all parties, the vehicles involved, and their insurance carriers and policy numbers so the carriers may be contacted and claims can be properly presented. Most importantly, although it may not be admissible, insurance companies rely heavily on these reports to determine fault. Without the report, there could be significant delays in processing your claim. Therefore, it is important that you have a crash report made.
If I Do Not Have A Crash Report, Do I Still Have A Claim?
If you do not have a crash report, you absolutely do still have a claim. However, the insurance company may take additional time in processing the claim and may rely on other evidence such as pictures, witness statements, and party statements to make a determination. Obviously, that takes additional time to gather, or receive from our office, and review to make a final decision. Although the same determination will likely come about, it is best to not have delays in claims, especially when you are trying to address injuries and get property damage processed.
EXPERIENCED FLORIDA ACCIDENT ATTORNEY
You need someone that is going to stand up for you when it comes to your accident claim. I understand that the process after getting into an accident can be difficult and stressful. You likely have questions and few answers as to the next steps to take. Allow me to be there for you from the beginning. I offer a FREE no-obligation consultation where we can discuss your claim. I will review your accident claim with you personally at one of the office locations in Tampa, Zephyrhills, Saint Petersburg, Wesley Chapel, Brandon, Clearwater, Plant City or Sun City Center. Cannot make it to me? I will come to wherever is convenient to you at NO charge. You deserve to be compensated and I want to get justice for you!
Contact Florida Accident Attorney Kevin L. Sullivan II TODAY at (813) 598-4868 for a FREE no-obligation consultation. I look forward to assisting you with your claim!