When someone is injured in a traffic accident in Georgia, the steps taken immediately afterward can have a major impact on any future claim for compensation. One of the most important documents in this process is the police report. As attorneys, we have seen how these reports can influence the outcome of a personal injury case. They provide an objective account of what happened, capture critical details about the drivers and vehicles involved, and often include the investigating officer’s initial assessment of fault. While a police report is not the final word in a case, it often serves as the foundation for insurance negotiations and litigation. Understanding how these reports fit into Georgia law is essential for protecting your right to recovery.
Under Georgia law, drivers are required to report accidents that result in injury, death, or significant property damage. Georgia Code O.C.G.A. § 40-6-273 makes it clear that accidents involving injury or death, or property damage of $500 or more, must be reported to law enforcement. Once law enforcement arrives, the responding officer prepares a written report that becomes part of the official record. This report can later be requested and used in the claims process.
Police reports are not considered conclusive evidence in Georgia courts, but they play a significant role in shaping a case. Insurance adjusters almost always review these reports when determining liability. The report typically includes the officer’s observations, statements from drivers and witnesses, diagrams of the scene, and sometimes citations issued at the scene. While Georgia courts generally treat police reports as hearsay if introduced at trial, they are still valuable in settlement negotiations. In many cases, the details in the report serve as a roadmap for gathering further evidence, such as medical records or accident reconstruction testimony.
Errors in a police report can affect a claim’s outcome. If information is incomplete or inaccurate, it can make it harder to prove liability or damages. This is why reviewing the report as soon as possible is crucial. Georgia law allows injured parties to request amendments to a report, but these are often difficult to obtain unless clear evidence shows a mistake. Additionally, because Georgia imposes a two-year statute of limitations for personal injury claims under O.C.G.A. § 9-3-33, addressing inaccuracies early can prevent problems later in the process.
While police reports carry weight, they are only one part of a successful claim. Medical documentation, photographs, surveillance footage, and witness testimony are also critical. In Georgia, fault is determined under a modified comparative negligence system, O.C.G.A. § 51-12-33. This means that a claimant can recover damages as long as they are less than 50 percent at fault for the accident. Police reports can influence how fault is initially assessed, but they must be supported by other strong evidence to achieve a favorable outcome.
A police report often includes the investigating officer’s opinion about fault, but that opinion is not legally binding. Georgia uses a comparative negligence system under O.C.G.A. § 51-12-33, which allows fault to be shared between parties. The police report is considered one piece of evidence. Insurance companies and courts may use it as a guide, but they will also look at medical records, witness testimony, and other forms of proof before making a final determination.
Yes. Even if the police report suggests you were responsible, that does not prevent you from filing a claim. In many cases, officers make mistakes, or they lack access to all the evidence at the scene. Under Georgia law, you can still pursue compensation if you are found to be less than 50 percent at fault. Additional evidence, such as accident reconstruction reports or surveillance footage, may be able to shift liability away from you.
You can usually obtain a copy through the Georgia Department of Transportation, local law enforcement, or online services that provide accident reports. In most cases, there is a small fee. Having a copy of the report is essential because it allows you to review the officer’s findings and identify any errors that could affect your claim. Attorneys typically secure these reports early in the claims process to evaluate the case strategy.
Yes, but corrections are not guaranteed. If you believe there is a factual error in your report—such as an incorrect license plate number or misidentified vehicle—you can request an amendment through the law enforcement agency that created it. However, if the issue is the officer’s opinion, such as their assessment of fault, these corrections are rarely granted. In those situations, your attorney may need to present additional evidence to challenge the report’s conclusions.
Generally, police reports are considered hearsay and are not admissible as direct evidence in a Georgia trial. However, portions of the report may be introduced under certain exceptions, such as when the officer testifies in court. While they may not be the deciding factor at trial, they are still heavily used during the pre-trial process and settlement negotiations, which makes them important for building a strong case.
Insurance companies often use the police report as their starting point when evaluating claims. The report provides details about the accident, including diagrams, witness names, and whether citations were issued. While insurers conduct their own investigations, the police report often influences their assessment of liability. Having a favorable report can strengthen your bargaining position when negotiating a settlement.
If an accident was not reported or if the police did not create a report, your case may still move forward, but proving fault becomes more challenging. Without an official report, insurance companies may dispute the details of the accident. In such situations, medical records, witness testimony, and physical evidence from the scene become even more critical. This is why reporting accidents immediately under O.C.G.A. § 40-6-273 is so important.
If you were injured in a Georgia traffic accident, a police report can make a significant difference in your claim. At Shani O. Brooks P.C., we understand how to use these reports effectively while also gathering the additional evidence necessary to strengthen your case. We know that your health, financial stability, and even important assets such as your small business depend on securing full and fair compensation.
Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. From our office in Atlanta, we represent clients throughout the entire state of Georgia. Let us protect your rights and guide you through the claims process with the care and attention you deserve.