Accident Report is wrong but it stating that I am not at fault since I was hit from behind. Is the report unneeded then?
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Accident Report is wrong but it stating that I am not at fault since I was hit from behind. Is the report unneeded then?
I was in an accident 9-19-17 I had come to a stop at a red light at an intersection. A man hit me hard from behind extremely hard. It pushed my vehicle through the intersection to the other side of the road. I have whip lash, extreme back spasms and headaches from the accident. My car estimate to fix is $4600 because he totaled my back end of my car. I have to be out of work for a week and now going to physical therapy. I recieved the accident report and it stated I slowed down to on coming traffic which was wrong. The light turned red. I stopped. It even has the placement of the cars on the other side of the intersection. It states it is his fault because he failed to slow down. Will this error have an impact on my case? What should I do? I am hurt badly and have been to the ER twice and my Family Physician just in the past week.
Asked on September 23, 2017 under Accident Law, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It is practically impossible to get a police report corrected; however, you can try.
The important thing is that the police report says the other driver is at fault. Unless that driver's insurance company tries to make an issue of the police report about you "slowing down for oncoming traffic" instead of the accurate statement about being stopped at a red light, I wouldn't worry about it. If that happens and the insurance company uses it to try to reduce the amount of your compensation, you can sue the other driver for negligence.
It is also possible that there may have been witnesses or traffic surveillance or business security cameras in that area which may have recorded the accident and you can then prove that you were stopped at a red light.
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