If you were injured in a New Mexico car accident, understanding the role the police’s accident report plays is vital to seeking the compensation you deserve. While police reports often aren’t admissible as evidence in car accident cases that go to court, they’re still critical documents necessary for filing insurance claims and identifying key facts about the accident.
What Role Do Police Reports Play in New Mexico Car Accident Cases?
Under NM Statutes Section 6607-207, after an accident resulting in injury, death, or $500 or more in property damage, the responding officers must file a report with the Department of Transportation within 24 hours of completing their investigation. This report is an official documentation of the officer’s findings.
Police Reports and Insurance Claims
When you file an auto insurance claim against the at-fault driver’s liability coverage policy, you may have to supply their insurance company with a copy of the accident report. The insurance company will use this report when determining fault for the accident and how much it believes your claim is worth.
However, just because the insurance company uses the report to make its determination about your claim doesn’t mean its determination is correct. Insurance companies always want to pay out as little as possible. So, it’s important to have a lawyer on your side who can use the details in the accident report to your advantage when negotiating a fair settlement.
Police Reports and Personal Injury Lawsuits
If the insurance company denies your claim and you have to file a lawsuit, the police report can help your lawyer with their investigation by identifying witnesses and providing key details about the accident that may no longer be available.
In some cases, the report itself may be admissible as evidence if it falls under the public records exception to hearsay. Examples of when a report may be admissible are if the officer who wrote the report testifies in your case or if parts of the report are being used to establish facts surrounding the case, such as the time of the accident.
What Information Do Police Car Accident Reports Contain?
Police reports contain a wide array of information about the accident and the parties involved. Some of the critical information contained in these reports includes:
- The date, time, and location of the crash
- A description of how the crash likely occurred
- The road and weather conditions at the time of the crash
- The names and contact information of the drivers, passengers, and witnesses
- Statements from eyewitnesses
- Descriptions of vehicle damage and visible injuries
- Photographs taken from the accident scene
Even if your lawyer can’t use the report as evidence, it can be essential as a tool for gathering additional evidence. For example, your lawyer can use the report to track down eyewitnesses and obtain more detailed statements from them.
How to Obtain a Copy of the Accident Report
Obtaining a copy of the accident report is as simple as requesting access online from the local police department. For example, if the accident occurred in Santa Fe, it may be available in the city’s list of published accident reports, and if it isn’t, you can submit a request online or by mail to receive a copy.
When requesting a copy of a report, you should include a description of the record you’re seeking, your name, the date, and your contact information. If you want a hard copy of the report, you must pay a small fee.
Contact Our Santa Fe Car Accident Lawyers
If you were in a New Mexico car accident, contact the Hunt Law Firm for a free consultation with an experienced Santa Fe car accident lawyer. We’ll review your case, explain your options for seeking compensation, and help you obtain a copy of the police report.