I once got a call from a prospective client named Jane. She had been injured in a car accident on the expressway and needed help. But there was a big problem—the police report listed her as the at-fault driver.
Injury Lawyer Tate Meagher
Offices in Louisville and Shepherdsville, Kentucky (Serving all of Kentucky)
Jane was adamant that the other driver, an off-duty sheriff, was actually responsible for the accident. Despite this, the investigating officer placed no blame on the off-duty officer.
Fortunately, Jane was smart. She took clear photos of the accident scene, which showed her car pinned against a concrete barrier by the other driver’s vehicle. Looking at the evidence, I became confident that Jane was not at fault, no matter what the police report said.
I took Jane’s case and got to work. Once she finished medical treatment, my office gathered her medical records and bills, then sent a demand package to the other driver’s insurance company. The demand requested that they pay out the policy limits based on the evidence we had.
The insurance company, however, denied liability. They refused to offer anything at all to settle Jane’s claim.
Fighting Back: Filing a Lawsuit
At that point, the decision was easy. We filed a lawsuit against the off-duty sheriff, arguing that he was the true cause of the accident.
Months into the litigation, we continued to push for the full policy limits. Eventually, the insurance company caved. They agreed to pay the policy limits to settle Jane’s case, even though the police report had originally placed all the blame on her.
Why a Police Report Isn’t the Final Word
Jane’s case is a perfect example of why you shouldn’t give up just because a police report says you were at fault. In Kentucky and many other states, the police report typically isn’t even admissible in court for a car accident case. That means it carries little to no weight in front of a jury.
What really matters is the evidence—photos, witness statements, expert testimony, and other proof that supports your side of the story. If you have solid evidence showing the other party was at fault, you should absolutely pursue your injury claim.
Don’t let a police report stop you. If you can convince an insurance company or a jury that the report was wrong, you could still win your case. Sometimes, you may have to file a lawsuit to fight for what’s fair, but as Jane’s case shows, it can be well worth it.
I’ve personally handled several cases where my client was blamed in the police report, yet we were still able to secure a fair and reasonable settlement.
The police report doesn’t always get it right. If you know you weren’t at fault, don’t be discouraged.
Disclaimer
This video is not legal advice. Always speak with a lawyer for your specific situation.
