If you have been in an accident, you may rely on the police report to reflect what actually happened. But what if it does not? A missing detail or an incorrect assumption at the scene can raise serious questions for insurance adjusters reviewing your claim.
Understanding how Maryland law treats police reports and what steps you can take to address errors can help protect your rights.
A police report is not the final word in court
Police officers play an important role at the scene, but officers rarely witness the accident itself. Instead, officers rely on statements, observations and available evidence.
Because of this, in Maryland civil trials, police reports are generally inadmissible under the Maryland Rules of Evidence regarding hearsay. While a report may be admitted as a public record, Maryland courts strictly exclude an officer’s conclusions regarding fault or the statements of third-party witnesses as evidence before a jury.
How to address errors in a report
Insurance companies rely heavily on police reports early in the process. Because of this, even small mistakes can jeopardize your claim. If you notice an error, you must act quickly, but understand your limits:
- Clerical errors: If an objective factual error exists, such as an incorrect license plate number, date or insurance policy, you can contact the issuing law enforcement agency to request a clerical correction.
- Narrative disputes: Police will rarely alter their narrative or fault determination simply because you disagree with their assessment. At best, you may file a supplemental statement that the agency attaches to the original report.
Because police rarely change their narrative, it is crucial to gather your own independent evidence, such as photographs, video footage and expert analysis, to fix errors.
Why accuracy matters in Maryland
Addressing errors early matters immensely in Maryland because the state enforces a strict pure contributory negligence rule.
Unlike most other states, if an insurance adjuster or jury determines that your own negligence contributed in any degree to the cause of the accident, the law prevents you from recovering any compensation from the other driver.
Under this “all-or-nothing” standard, even a minor finding of shared fault can lead to a complete bar on recovery. A careful and informed approach from the start can help protect your claim.