You’re sitting at your kitchen table, still sore from a crash that happened a week ago near Broad and Market. You finally have the Philadelphia Police Department (PPD) crash report in your hands. You start reading, and your heart sinks.
The report says you were the one who made the illegal turn. It says there were no injuries reported at the scene, even though you were loaded into an ambulance. It might even have the wrong street name or have completely ignored the witness who saw the other driver texting.
In a split second, a document that is supposed to be an objective record of the truth feels like a list of lies.
Here is what actually happens when a police report is incorrect, why it matters for your case, and exactly what you can do to fix it.
Why a Wrong Police Report is So Dangerous in Pennsylvania
In Pennsylvania, we follow a legal rule called modified comparative negligence. This is a 51% rule. Essentially, it means that if you are found to be more than 50% responsible for a crash, you cannot recover a single penny in damages from the other driver.
If a police report incorrectly puts the blame on you, an insurance adjuster (who wasn't there and doesn't know you) will look at that document and likely deny your claim immediately. They treat the police report as the North Star of the investigation. If the report says you were at fault, the insurance company has the perfect excuse to protect their bottom line and refuse to pay for your medical bills or car repairs.
Two Types of Errors: Which One Are You Facing?
Before you can fix the report, you have to identify what kind of mistake was made. Generally, errors fall into two categories:
1. Factual Errors (The Easy Fixes)
These are objective mistakes where the officer simply wrote down the wrong data. Examples include:
- Misspelling your name or address
- Listing the wrong make, model, or license plate of a vehicle
- Getting the date, time, or location of the crash wrong
- Listing the wrong insurance company for one of the drivers
2. Judgmental or Narrative Errors (The Hard Fixes)
These are subjective. They involve the officer's interpretation of how the crash happened. Examples include:
- The officer's opinion on who was at fault
- Statements from the other driver that you know are false
- A notation that says no injuries when you were clearly hurt
- A diagram that incorrectly shows the path of the vehicles
Step-by-Step: How to Challenge the Report
If you find an error, you cannot just cross it out with a pen. You should be prepared to follow a process of established, commonly used steps to ensure your version of the story is officially preserved.
Step 1: Gather Your Counter-Evidence
To get a report changed, you need more than just your word. You need proof. This is where your own documentation comes in:
- Photos and video: Did you take photos of the vehicle positions? Does a nearby business have surveillance footage?
- Witness statements: If the officer missed a witness, get that person’s contact information and a written statement.
- Medical records: If the report says no injuries, a discharge summary from a Philly ER dated the day of the crash can be used to contradict this statement and demonstrate that you sought medical care.
Step 2: Contact the Responding Officer
The officer’s name and badge number will be on the report. You (or your attorney) should reach out to the precinct where they work. Note that some departments require requests to go through a records unit or supervisor instead of the responding officer.
- Be polite: Remember, the officer was doing a difficult job. Officers are not required to amend reports and may exercise discretion. Approaching them with aggression usually leads to a dead end, while respectful communications have a better chance at yielding favorable results.
- Present the facts: Show the officer or supervisor your evidence. Amendments for clerical errors (like a wrong VIN) are common.
Step 3: Request a Supplemental Report
When it comes to opinions, conclusions, or fault determinations that you claim are erroneous, an officer will rarely delete what they originally wrote. Instead, they can add a supplemental statement. This is an additional page attached to the original report that includes your corrected version of events or new evidence. While it doesn't erase the first report, it does provide additional context so that insurance adjusters can see that the facts are disputed and supported by additional evidence.
Similar Post: How to Choose the Best Car Accident Attorneys in Philadelphia: A Comprehensive Guide
Can a Police Report Be Used in a Philadelphia Court?
Here is a bit of good news: In Pennsylvania, the police report itself is generally considered hearsay and is not usually admissible as evidence of fault in a jury trial.
While this sounds like a relief, it doesn't mean the report isn't important. The officer who prepared the report can be called to testify, and the report may be used to refresh the officer’s recollection or for other limited evidentiary purposes. If the report is wrong and remains uncorrected, those errors may influence the officer’s testimony and can negatively impact how the facts are presented at trial, which can be devastating to your case.
How a Philadelphia Personal Injury Attorney Levels the Playing Field
This is where the team at van der Veen, Hartshorn, Levin & Lindheim steps in. We don't just accept the police report as the final word. We conduct our own independent investigation.
When we represent a client after a Philly car crash, we:
- Subpoena surveillance footage: We look for doorbell cameras or Real-Time Crime Center cameras that captured the actual impact.
- Hire accident reconstruction experts: We work with professionals who can look at skid marks and vehicle crush patterns to prove the police diagram was physically impossible.
- Interview witnesses: We track down the people the police may have been too busy to talk to.
- Aggressively negotiate with adjusters: We show the insurance company exactly why the police report is flawed, often forcing them to re-evaluate their determination of fault.
Similar Post: Navigating Car Accident Claims: How to Get Free Legal Advice for Car Accidents
Don’t Let a Flawed Report Ruin Your Future. Call the Philly Team at van der Veen, Hartshorn, Levin & Lindheim Today
A police report is a powerful document, but it is not infallible. If an officer’s mistake is standing between you and the compensation you need to pay your bills and provide for your family, you need a law firm that isn't afraid to challenge the narrative.
At van der Veen, Hartshorn, Levin & Lindheim, we have built our reputation on taking the tough cases, including the ones where the odds seem stacked against our clients. We know the Philadelphia streets, we know the PPD procedures, and we know how to hold negligent drivers (and their insurance companies) accountable.
Your initial consultation is 100% free. We will sit down with you, review the incorrect police report, and explain exactly how we can help you set the record straight. Best of all, we work on a contingency fee basis. If we don’t recover money for you, you don’t owe us a penny in attorney fees.
Take the first step toward fixing the record and winning your case.
Call us today at 215-486-0123 or fill out our online contact form to schedule a free consultation. Our Philadelphia office is ready to fight for you. We represent clients throughout the state, including Center City, Allentown, and Hunting Park.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.