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What If the Other Driver Lied to the Police?

The police report is an officer’s summary of what each driver said, not a ruling on fault. When the other driver lied, the claim is proven with the physical evidence, cameras, vehicle data and witnesses that contradict the story.

A police report that repeats the other driver’s lie is not the end of your claim. The officer didn’t see the crash. The report records what each driver said, what the officer observed afterward, and sometimes the officer’s opinion about who caused it. That opinion is not binding on an insurer, and it is generally not admissible at trial because it is based on hearsay and the officer has no personal knowledge of how the collision happened. Fault is decided on evidence, and a driver’s false account rarely survives contact with the physical evidence.

What decides these cases is whether the physical facts match the story. Crush damage tells you the direction and force of impact. Resting positions tell you where the cars were going. A dashcam or a business camera tells you the color of the light. The other vehicle’s event data recorder tells you its speed, braking and throttle in the five seconds before impact. A driver who tells the officer “she pulled out in front of me and I was doing 35” has a problem when the module in his own truck shows 54 with no braking, and the adjuster who adopted his story has the same problem. In the files we handle, the lie is usually undone by one piece of evidence that was gathered in the first week, which is why the first week is the whole game.

What can I do if the other driver lied to the police about the accident?

Gather the evidence that contradicts the story, fast. Photograph the damage and the scene, request video from nearby businesses and intersections in writing before it’s overwritten, get written statements from witnesses, and send a letter demanding preservation of the other vehicle’s event data. Request the full collision report and file a supplemental statement with the agency if your account isn’t in it. The report records the claim; it does not decide it.

How police reports work in California

LAPD and CHP collision reports follow a standard form. There is a narrative, a diagram, a section for each party’s statement, and a box where the officer may identify a “primary collision factor” and the party most at fault. When the officer arrived after the crash, as they nearly always do, every one of those sections is built from what the drivers and any witnesses said at the scene. If the other driver was calm and told a clear, false story while you were shaken and said little, the report will reflect that.

The report can be corrected to a degree. You can contact the reporting officer through the division and provide a supplemental statement, and the officer can add it to the file. Officers rarely change the primary collision factor on a driver’s say-so, but a supplement with a witness name or a video link sometimes gets a second look. Either way, your version is now in the record.

At trial, the report itself is generally not admitted. The officer can testify to what they saw: skid marks, debris field, damage, positions. The officer’s opinion on fault usually stays out. That is why a bad report is a nuisance before a lawsuit and much less of one after.

What the insurance company will do

The other driver’s insurer will adopt its insured’s story and the report that repeats it. The first letter will deny liability or assign you most of the fault, and the adjuster will tell you the police report “found you at fault.” Treat that as the start of a negotiation, not a finding.

A Glendale client was hit by a driver who ran a red light on Brand at Colorado. The other driver told the officer the light was green for him and that our client had entered on a stale yellow. The report listed our client as the primary cause. We obtained video from a Metro bus that had been stopped at the intersection, which showed the other driver’s light had been red for more than two seconds before he entered. The adjuster had denied the claim in full. With the video, liability was accepted in full. The report never changed.

Where the other driver is uninsured, or the dispute leaves you without a liability recovery, your own uninsured motorist coverage can respond, and the fault fight happens with your own insurer instead. Your collision coverage can repair the car while the fault question is sorted out, and your insurer pursues the other side for reimbursement.

What to do now

Start with what’s time sensitive. Businesses along Ventura Blvd, gas stations, apartment buildings and parking structures typically overwrite video in 7 to 30 days. Metro buses and some city intersections record too. Send written preservation requests immediately and follow up by phone. Identify witnesses now, while their memory and their willingness are fresh; a short written statement signed and dated is worth more than a name on a report that no one follows up on.

Photograph everything about both vehicles before repairs. Damage location and height tell an accident reconstructionist more than most people expect. If the other vehicle is a 2013 or newer car or a commercial truck, send a letter to the owner and insurer demanding preservation of the event data recorder. Once that vehicle is repaired or sold for salvage, the data is gone.

Request the full report from LAPD or CHP, including the diagram and any supplemental pages, and read it closely. Then write your own account while it’s fresh and provide a supplement to the agency. Do not give a recorded statement to the other driver’s insurer. You are not required to, and an adjuster who already believes the other driver’s story is not calling to be persuaded.

Keep treating for your injuries. A liability dispute doesn’t pause the medical side of the claim, and gaps in treatment become a second argument stacked on the first.

Common mistakes

Arguing with the officer at the scene rarely helps and sometimes produces a worse report. Waiting a month to “see what the insurance company says” is the costliest mistake, because the video that would have settled it is overwritten by then. Assuming the truth will come out on its own is the next one; it comes out when someone goes and gets it. Posting about the crash and the “liar who hit me” on social media creates statements you’ll be asked about later. And accepting a 50/50 split because the report is against you gives away half of a claim that the evidence might have won outright.

Questions people ask next

Can a police report be changed after it’s filed? The officer can add a supplemental statement or correction. The original conclusions are rarely rewritten, but your account and your evidence become part of the file.

Is the police report admissible in a California car accident trial? Generally not. The officer can testify to observations, but the report’s fault conclusion is usually excluded.

What if there were no witnesses and no video? The physical evidence, the damage patterns, and the vehicle data still exist, and a reconstructionist can often determine what happened from them alone.

Manoukian Law Firm handles disputed liability car accident cases across Los Angeles County, and Vaheh Manoukian personally directs the evidence gathering in the first weeks, when it matters most. If the other driver’s story is in the report and yours isn’t, call (818) 818-5031 for a free consultation.

Last reviewed by Vaheh Manoukian, Esq., founding attorney, Manoukian Law Firm.

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