What’s the most important piece of evidence in a car accident injury claim? Many people would say that a police report is critical. Police reports provide valuable information about a car accident, and they often include an officer’s opinion of who was at fault.
However, unlike many states, Missouri places substantial restrictions on the use of police reports in car accident claims. The Missouri Supreme Court has ruled that if the police officer who created an accident report did not witness the crash, their opinion of who was at fault is hearsay. It’s also considered a “false issue.”
In a legal case, a false issue is a point introduced by an attorney to sway, mislead, or distract the jury. Juries will often give undue weight to the information included in a police report, sometimes even downplaying or dismissing any evidence to the contrary.
So are police reports admissible as evidence in a Missouri car accident claim? Generally, they are not. However, elements of the report that don’t relate to the determination of fault may be allowed, and some jurisdictions might admit police reports that are classified as public or business records.
Continue on with this article by experienced St. Louis car accident lawyer Paul Beck on the role of police reports in Missouri car accident claims.
Why Are Police Reports So Important In Missouri Car Accident Claims?
Missouri courts restrict the role that police reports can play in personal injury trials. However, most car accident claims are settled out of court, and police reports are often critical to settlement negotiations.
How much compensation you can recover as an accident victim hinges largely on liability. Police reports can be very helpful to insurance companies and attorneys when they’re determining who is at fault.
The insurance company — and your attorney as well — will often conduct an accident investigation to corroborate the police report. However, in cases where one driver was clearly at fault (like if someone sped through a stop sign and hit you), the report might be the main piece of evidence used to establish liability.
Sometimes, a car accident case can’t be settled and turns into a lawsuit as a result. When this happens, the testimony of the officer who filed the report will usually be an important part of the case. Generally, the report itself may not be used as evidence, but the reporting officer may be called to the stand.
However, the situation can change if the reporting officer dies before the case goes to trial. In that case, the report may be admissible.
Related: Do I have to report a car accident to the police?
What Information Exactly Does the Police Report Related to the Car Accident Contain?
Police reports include the officer’s opinion of who was at fault in an accident, but they can contain a wealth of other kinds of information as well. Here’s a page-by-page breakdown of what you’ll find in your accident report:
Page One
The first page of the accident report includes information divided into five separate sections as follows:
Section 1
This section has basic information about the accident, including the following:
- Whether the crash happened on the roadway or off
- Whether it involved another vehicle, a pedestrian, a fixed object, etc.
- Directional impact, such as head-on, rear-end, etc.
Section 1 also includes the name of the law enforcement agency that created the report, the agency’s Originating Agency Identifier number, and whether commercial vehicles were involved or not.
Section 2
This section includes information on the accident location and details about the road where the crash occurred. It will likely provide details such as:
- Road surface
- Road type (divided highway vs. one-way street)
- Whether the road is straight or curved
- Whether the road was uphill, downhill, or level
- Whether the crash happened at an intersection
This section also includes the lighting and weather conditions at the time of the accident.
Section 3
This section describes any damage to property other than vehicles, such as nearby guardrails or light poles.
Section 4
This section records the names and contact information of any available witnesses.
Section 5
If the accident involved a pedestrian, this section includes information about that person. It will describe their injuries and discuss whether they may have contributed to the accident.
Page Two
This page includes Section 6 of the report, which is the reporting officer’s diagram of how they believe the crash happened.
Pages Three and Four
These pages contain Section 7 of the report. Section 7 must be completed for every involved party. It includes the following:
- 7A: Driver’s name and their license, contact, and insurance information
- 7B: Vehicle make, model, and damage information
- 7C: What the vehicle was doing before the crash happened
- 7D: Contributing factors like vehicle defects or driver errors
- 7E: Whether the accident happened in a work zone
- 7F: Names, contact information, and injuries of passengers
- 7G: Information about any commercial trucks involved in the accident
Page four includes Section 8, which lists numerical codes that the reporting officer may use when filling out Section 7. It also contains Section 9, where the officer may write a narrative of the accident, and Section 10, which includes the officer’s information.
Do I Have to Report My Car Accident to the Missouri Police?
So are police reports admissible as evidence in a Missouri car accident claim? Usually, the answer is no. For that reason, you might understandably think that you don’t need to report a car accident to the police.
However, there are certain circumstances where you’re required to report a crash. And even if you don’t have to report it, having a police report can often be advantageous. In Missouri, you must report a car accident to the police if any of the following apply:
- The accident resulted in a fatality
- The accident resulted in an injury
- The accident involved damage to a parked vehicle whose owner wasn’t present
- The accident resulted in property damage of at least $500
- The accident involved an uninsured driver
If state law requires you to report an accident, you have 30 days to do so. However, it’s best to report a crash as soon as possible. When you make an immediate report, there’s a greater likelihood that the accident will be thoroughly investigated. That increases your chances of recovering compensation.
But what if you aren’t legally required to report your accident? There are still several good reasons to consider reporting, including the following:
Your Insurance Company Might Require It
Even if Missouri doesn’t mandate that you report your accident, your insurance company might. If your insurance policy requires a police report to file an injury claim, failing to report your accident might result in a claim denial.
It May Offer You Legal Protection
Without a police report, what happened at the scene of the accident becomes a matter of your word against that of the other driver. If a formal report isn’t filed at the time of the accident, the at-fault driver might later try to accuse you of causing the crash.
If You File an Injury Claim, It May Be Valuable Evidence
Although your police report might not be admissible in court, your St. Louis personal injury lawyer will be able to use it when trying to negotiate a settlement with the insurance company.
How Do I Get a Copy of the Report Made by the Police?
If you have decided to file an insurance claim, you’ll need a copy of the police report for your accident. The Missouri State Highway Patrol (MSHP) is responsible for maintaining records of car accidents. Preliminary information for all crashes is automatically posted to the MSHP website, and it remains on the site for 29 days.
However, to file an insurance claim, you need an official report. You can obtain one by getting in touch with your local MSHP troop headquarters or calling the Traffic Division at (573) 526-6113.
While preliminary crash information is posted soon after the accident, full reports aren’t available right away. The MSHP asks anyone requesting a full crash report to wait at least 10 business days before getting in touch. It’s important to note that the MSHP does not email crash reports.
Depending on your situation and goals, you may need to do things like report a car crash in Missouri, view recent preliminary crash reports, or look at broader statistical trends. You can do all this using data from the Missouri Crash Analysis Reporting System, which is available online.
Evidence You Can Use for Your Car Accident Claim Which Is Admissible in Court
Are police reports admissible as evidence in a Missouri car accident claim? While police reports contain valuable information, a written report can’t be cross-examined like a witness can.
As a result, many courts won’t allow you to use the report itself as evidence because it’s considered hearsay. However, the report can point you and your attorney toward other evidence that can be used in court. These are some examples:
Your Medical Records
Proving the other driver’s liability is an important part of a car accident claim, but so is proving the severity of your injuries. Your medical records can reveal the nature of your injuries and what caused them, and your medical bills can help the court determine how much compensation you’re entitled to.
Expert Witnesses
Medical records and other information about your treatment can be helpful in a personal injury case. However, juries may have trouble fully understanding complex medical problems.
A medical expert witness may be able to break down medical concepts in a way the average person can understand. When a jury can grasp how an injury impacts your daily life, they’ll be better equipped to determine how much the court should award you in damages.
Economic expert witnesses can also play a critical role. For example, if your injuries are so severe that they permanently diminish your earning capacity, your attorney might argue that you should be compensated.
An economic expert can take numerous factors into account, including inflation and changes in the labor market. They can then use all these elements to come up with an estimate of how much you should receive.
Photos or Videos of the Accident Scene
Video evidence of an accident can come from a wide range of sources, including traffic cameras, dashcams, and personal cell phones. No matter what the source may be, video can be extremely valuable when showing the court how your accident happened.
However, if no video footage is available, photos of the accident scene (and even photos of your injuries) can help. These, too, give the court a clearer idea of the severity of the crash.
Statements From Witnesses
Statements from people who witnessed your accident can help corroborate your version of events. If you were unable to speak to witnesses at the scene of the accident, you may be able to view their names and contact information on your police report.
Evidence Showing the Other Driver’s Negligence
If you have additional evidence that proves the other driver was reckless or negligent, it may make your case stronger. For example, cell phone records can prove that someone was texting at the time of the crash. If the person who hit you was driving on a suspended license, your attorney might choose to include driver’s license records.
Proof of Lost Income
If your car accident claim is successful, you can be compensated for lost income. However, you must be able to prove that you missed out on wages. That proof may include:
- Tax returns
- Tax forms like 1099 or W-2 documents
- Statements from your employer
- Pay stubs
The type of evidence you need to show will depend on your employment situation.
Evidence of the Other Driver’s Social Media Activity
Sometimes, at-fault drivers will insist they didn’t cause an accident but then say otherwise on social media. Your lawyer might try to find the other driver’s social media accounts to see whether they have admitted fault or even suggested they may have been responsible.
Skilled Car Accident Lawyers Near Me in Missouri
If you’ve been hurt in a Missouri car accident, an attorney can assist. They can help increase your chances of securing the compensation you need to cover your medical bills, make up for lost wages, and support yourself as you heal.
However, you shouldn’t just go with any attorney. You need a legal advocate who’s ready to put their experience to work for you. That’s where we come in. Beck & Beck Missouri Car Accident Lawyers is the only law firm in Missouri focusing exclusively on car accident injury claims.
We take pride in standing up to insurance companies for our clients — and we hope we can help you, too. Call us or get in touch online for a free consultation.
Some of the locations near me which our law firm serves in Missouri include St. Louis, Kansas City, Independence, Cape Girardeau, Doniphan, Florissant, Pine Lawn, O’Fallon, and more.
