Slide 1. Introduction.
The class develops what a police report is, its significance, when it is written, how it can influence claims or lawsuits, and its implications for fleet management.
Slide 2. The traffic accident report.
- What a police report is and what it contains.
A police report is an official report written by the police authority detailing the facts, testimonies, and evidence related to a traffic accident.
Its function is to record the possible existence of a crime or serious offense. The document, signed by police officers, is sent to the Public Prosecutor's Office or the judicial authority, who assess whether to initiate an investigation or assign responsibility.
The report carries great legal weight, as it serves as evidence in claims, legal proceedings, and insurance matters. It is therefore essential that any driver involved in an accident understands what it consists of, what information it includes, and how to access it.
The following is a description of the situation in Spain, which is the same or similar in other countries.
- When a police report is filed.
It should be noted that it is not necessary to call the police in all accidents. In some cases, the parties involved fill out and sign an accident report form because they agree on what happened. This occurs mainly when there is only minor property damage.
In these cases, it is not necessary to call the authorities to file a report. However, it is essential to notify the authorities in order to have a report filed in the following cases.
- When there are people with serious injuries or fatalities.
- If there is no agreement on how the accident occurred and it is not possible to sign the accident report form.
- If one of the parties refuses to sign the accident report form.
- If any of the drivers involved in the accident has fled the scene.
- If any of the people involved are under the influence of alcohol or other substances.
- When any of the people involved are unable to fill out the accident report form and, considering the circumstances of the case, it is not advisable to postpone it until another time.
- When one of the vehicles is uninsured or has not passed its MOT.
In this case, the police must draw up a report. This report will be useful for both insurers and authorities and will be crucial in determining liability in the event of damage claims.
- If there is aggressive or intimidating behavior.
If any of the parties involved displays an aggressive attitude or refuses to cooperate with the police, a report must be drawn up. This document will be key if the incident leads to a complaint of threats or assault.
- If there is serious material damage or damage to third parties.
If the accident causes significant material damage, such as the destruction of public or private property, police intervention is essential. The report will ensure that the claim for damages is processed correctly and will help determine the responsibilities of each party.
- Accidents with police reports.
These are some of the cases in which it is mandatory to file a police report and initiate preliminary proceedings.
- Rear-end collisions. Violation of the safety distance.
According to the regulations, this violation requires a police report to be filed and proceedings to be initiated only in the case of collisions with significant material damage, in addition to personal injury, which reveal high speed and intense risk with concomitant violations.
- Overtaking.
This is a maneuver that causes accidents among cyclists, who deserve specific protection due to their vulnerability, as do pedestrians. Therefore, proceedings will always be initiated.
- Right of way. Violation of stop signs, yield signs, and red lights.
A report will be filed for failure to observe the requirement to stop at places or in circumstances of risk, and for failure to yield when speed is not significantly reduced and right of way is not respected in identical circumstances.
- Changes of direction.
Changing direction to the left without checking the speed and distance of the vehicle traveling in the opposite direction, especially on the highway, causes a high number of accidents among motorcyclists. Failure to comply with the prohibition on turning left will result in the official filing of a report and the initiation of preliminary proceedings.
- Distractions, fatigue, and sleepiness.
In the case of professional drivers, complete inattention and states of tiredness, sleepiness, or fatigue due to failure to comply with the required driving and rest times will result in the initiation of proceedings.
- Vulnerable groups.
A report will be filed for all accidents at crosswalks, bike lanes, and shoulders for cyclists. Similarly, a report will be filed for speeding violations around children, the elderly, people with disabilities, pedestrians, and cyclists, provided that the driver saw them in time and there was no violation on the part of the pedestrian or cyclist.
- Why is it so important to have a police report?.
When there is no accident report form, other evidence is needed to determine who is responsible for the accident. The police report is the most important piece of evidence for this purpose.
Firstly, it should be borne in mind that it is not always possible to get the insurance company to acknowledge the fault of its insured party or to do so in the terms in which it occurred. When this happens, there is no choice but to go to court, where the police report will be of vital importance, as the judge will take its content into special consideration.
On the other hand, if the accident has caused serious injuries or even the death of someone, the police authority may send the report directly to the investigating court, as in these cases a crime may have been committed.
The experts who calculate material damage and injuries usually base their technical reports on the objective information in the report, such as the position of the vehicles and skid marks. Without a clear report, it can be more difficult to reconstruct the accident and quantify responsibilities.
- Information that must be included in a police report.
The police report compiles key information for the investigation.
- Identification of the vehicles, license plate number, make, and model.
- Personal information of those involved, name, ID number, address, and telephone number.
- Results of alcohol and drug tests.
- Physical evidence such as skid marks or damaged signs.
- Witness statements and photographs of the scene.
- Place, date, and time of the accident.
- Sequence of events leading up to the accident, which may be accompanied by certain material such as photographs, sketches, and studies.
- Description of the accident site: the condition of the vehicles, damage to certain elements of the road, etc.
- Conclusions of the authority that issued the report.
- Details and signature of the officers.
In addition, police officers prepare a technical analysis of the accident that allows them to reconstruct the events and determine liability.
- Related legal framework.
The processing of police reports and their use in claims is regulated by:
- The Criminal Procedure Act.
- The insurance contract.
- Regulations of the General Directorate of Traffic.
- Regulations of public administrations.
- The obligations of insurance companies as part of their legal and financial protection service.
These regulations ensure that the insured party can exercise their rights without violating the fundamental rights of others and within the national territory.
- Accessing and consulting the police report.
- Access to the police report is regulated.
- During the investigation, the document is confidential and is sent to the court when the investigation is completed.
- Once it has been registered with the court, the persons concerned may request a copy through their lawyer or solicitor.
- If you wish to file a claim, the deadline for requesting evidence is six months.
- It should be noted that the coroner's report, together with the police report, carries great weight in the assessment of injuries and liability.
- What can be done if you disagree with the police report.
If any of the parties involved believe that the information contained in the police report is inaccurate or does not correspond to reality, they may file a complaint.
The letter must include the identification details of the interested party and explain which part of the report they disagree with. The allegations can be supported by any evidence they wish.
Although a form for this purpose can be requested from the police station, it can also be accessed through the Ministry of the Interior's website. However, it is advisable to have the request made by a licensed lawyer, as they often have agreements with the police and security forces that may result in an exemption or reduction of the fee to be paid.
- The insurance company needs the accident report to repair the car.
In most cases, it is not mandatory to submit the accident report for the insurance company to begin repairing the vehicle. However, there are situations in which it is useful or even necessary.
- When it is not necessary.
Ø If an accident report form has been completed and signed by both parties.
Ø When there is a clear agreement on the facts.
Ø In simple accidents without personal injury.
Ø If the other driver acknowledges their responsibility and their insurance company responds.
In these cases, the companies manage the repair directly after verifying the details of the report, contacting the other insurance company, and authorizing the repair.
- When it may be necessary.
Ø If no amicable agreement was signed or there are conflicting versions.
Ø When one of the parties involved denies the facts.
Ø If there was a hit-and-run or a criminal offense.
Ø In legal claims.
Ø When there are injuries and criminal proceedings are initiated.
In this case, the report acts as documentary evidence that helps to ensure compliance with contractual and legal obligations between insurers and insured parties.
- Why insurance companies value accident reports so highly.
Although not always mandatory, accident reports provide legal certainty. They allow:
Ø Objectively determining liability for the accident.
Ø Validating the information on the accident report form.
Ø Support a claim against the other party's insurer.
Ø Resolve discrepancies between drivers.
Ø Back up a possible civil or criminal lawsuit.
For insurers, having this document facilitates the expert's work and reduces the risk of fraud. It also helps protect the insured's rights.
- What happens if there is no accident report or police report?
If no report was signed and there was no police intervention, the claim may become complicated. In these cases, the insurer must rely on:
Ø Testimonies.
Ø Graphic evidence such as photos or videos.
Ø Expert reports.
Ø Statements from the insured party.
If there is no solid evidence, the repair could be delayed or even denied, as the insurance company will have no means of verifying its client's version of events.
For this reason, in the event of a serious or contentious accident, it is always advisable to request the intervention of the authorities.
- Can the insurer refuse to repair without a police report?
In principle, if the customer has coverage and the accident report form has been completed correctly, the insurer cannot refuse to carry out the repair, except in specific situations.
Ø Suspicions of fraud.
Ø Inconsistencies between the account and the damage.
Ø Intervention by the courts or the public prosecutor's office.
Ø Unjustified injuries.
In these cases, the company may request the police report to support its decision and fulfill its duty as a public insurance management service.
- Medical report.
The hospital treating the injured person must provide a medical report indicating the diagnosis, the treatment received and the treatment to be followed, as well as the period of hospitalization. This report will be delivered to the Emergency Room or, if the person remains hospitalized, at the time of discharge.
If the person receives subsequent outpatient treatment, a medical report will also be provided at the time of discharge, which can be used to prove the injuries suffered and claim their rights, if applicable.
In principle, Social Security does not cover the healthcare costs arising from a traffic accident; these must be covered by the insurer of the person responsible for the accident.
- Implications for fleet management.
The main reason for not filling out the accident report is that it cannot be proven that we were not responsible for the accident, but rather the other party, and therefore we have to assume the cost of repairs if we do not have comprehensive insurance, in addition to the time that the vehicle is out of service awaiting repairs.
The following measures are recommended.
- Understand what an accident report is and how it is used.
It allows you to act quickly and protect the rights of those involved.
- Know how to request the accident report.
Its value can make the difference between a favorable or unfavorable outcome in any traffic accident.
- Establish a protocol for action.
A protocol for action must be established when a traffic accident occurs, clearly outlining the steps to be taken.
- Driver training.
It is very important to train drivers on the protocol for action. They need to know how to act in the event of an accident, when to call the authorities to file a report, how to file a report, etc.
Drivers need to know what types of accidents require a report and the phone numbers of the authorities to call.
- Reporting the accident.
The driver must immediately notify the fleet manager, the person responsible for managing traffic accidents, or the person responsible for managing insurance that they have filed a report, so that it can be followed up on and requested as soon as possible.
- Medical report.
If the report is completed, it is recommended that the driver and passengers go to the hospital to be evaluated and have a medical report issued.
- Accident policy.
The policy of the person responsible for the accident must be established, and there are two options.
Some fleets stipulate that an accident report must always be filed, even if the other party is at fault. This policy reduces the time spent dealing with insurance and repairs.
Some fleets stipulate that if the other party is at fault and refuses to admit it, an accident report must be filed.
Slide 3. Thank you for your time.
The class has developed what a police report is, its significance, when it is written, how it can influence claims or lawsuits, and its implications for fleet management, see you soon.
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