After an Auto Accident Insist on an Investigation by a Sworn Officer like City of Oxnard, Ventura, Simi Valley or CHP

I have been representing victims of automobile accidents some twenty-seven years now.  During my initial consultation with a prospective client, I will ask if the police came to the scene.  Most of the time the answer is yes.  I then ask the prospective client if he or she has a report number given to them by the police.  This will allow me to obtain the report prepared by the police agency after the automobile collision.  This report, called a traffic collision report, will contain valuable information that will help me help my client.  The names of the parties involved, together with their insurance information, and most importantly the police officer’s opinion as to the cause of the collision, based on his or her investigation at the scene of the collision.  This will include statements obtained from the involved parties as well as by witnesses to the collision.  The physical evidence left by the damaged vehicles, in terms of skid marks.  Other physical evidence is any video footage obtained by the investigating officers, as well as photographs and body cams worn by the officers and their video clips.

So, what am I concerned about?  Lately, prospective clients have informed me that police do arrive at the scene when a 911 call is made by one of the parties.  Once the police person evaluates the scene of the collision and talks to the parties involved, he or she will hand over an Exchange of Information/Accident Report slip to the aggrieved party.  This half-measured report contains the names of the parties involved, the vehicles and license plates, and insurance policy information, but is lacking any investigation of the collision and most importantly, who was at fault.  This lack of an investigation by the agency involved can be devastating to the injured party trying to assert a claim to the at fault party’s insurer.  The aggrieved party must now turn to a lawyer for help and pursue an independent investigation that should have been conducted at the scene by the police.  We have determined by our own investigation that after a 911 call is made, the dispatcher for the law enforcement agency  taking the call, decides to either send a cadet or a sworn officer to the scene based on what was said during the 911 call. 

What do you do then?  If you are involved an automobile collision and are waiting for the police to arrive, make sure that you start to document everything by using your cell phone to take snapshots of the other party’s license, insurance card, and damage to your vehicle and the other party’s vehicle.  This may be the only evidence you will have to make your bodily injury and property damage claims.  Most importantly, if a cadet shows up at the scene, insist that a sworn officer come to the scene to prepare a traffic collision report.  The cadet may say that a report is only completed if you are injured. Remember that most soft tissue injuries are felt the next morning. Soft tissue pain is an injury and the most common injury in car accidents. Most claims adjusters wait for the police to complete their traffic collision reports to evaluate fault and then, if their insured is at fault, to pay for property damage.