Ask Me Help Desk - Can file own accident report if NJ police information is incorrect?

I want to know if NJ law will allow my son to file his own police report after an accident? The police took a statement at the scene but the information the officer filed was incorrect... My son called the police so a report could be filed. Everyone agreed the other party was at fault. The damage was minimal, so the officer explained the negative consequences (points) of filing an insurance claim versus settling the matter outside of insurance. Later, it was realized we did not have the other driver's contact information so my husband and son went to the station. The attending officer said an accident report was not filed but his statement says the two kids, being adults, decided to handle the matter between themselves. My son said that was not his intention; he presumed an accident report was made when the police were called. I have no idea what was filed if it wasn't an accident report. Whatever it was, the officer was asked to amend his information but he refused because it was already in the computer (only a few hours after accident). No matter how minor the damage, the car is new so I want it repaired. My son is 18, the other driver is 17. Were they "adults" in the sense they could make an instantaneous decision regarding something they know nothing about? Is it OK the officer did not write exactly what happened -vs- how he believes the matter should have been handled? The officer said my son could not file a different report. What are my son's rights, and what actions are/aren't correct on the part of the police officer? How should this be handled? Sorry this is so wordy! Thank you.

The officer is right; your son can't file a police report because he's not a police officer. The responding officer wrote a report, which should have the other driver's name and information in it. Get a copy of the report and contact him.

Quote:

Originally Posted by yarra2797

No matter how minor the damage, the car is new so I want it repaired.

Hello y:

Is THAT the reason you want the cops to take your son's police report?? Nahhh, that ain't the way to do it... The cops can't make the other party pay to repair your car, anyway. It's the COURT that'll do that...

But, maybe their insurance company will handle it before you ever get to court. If necessary, they do their OWN investigation... What the cops say doesn't really matter. They weren't on scene and didn't witness anything. They're also not trained accident investigators either...

So, you've got several steps to take FIRST. Make a claim on their insurance company. That'll probably END it. If they refuse, make a claim on YOUR insurance company. That too, might END it. If not, sue the other party and his parents, and his insurance company in small claims court.

THAT is the place for your son to PROVE what he's saying.

But, if the only thing he has to prove is that he DIDN'T say that he wanted to handle it with the other party privately, then he doesn't need THAT in the police report. It doesn't mean he's stuck with the cops conclusion. Not at all. He's allowed to go after her no matter what the cops said in their report...

excon

The police report has nothing or little to do with you getting paid by the other party or their insurance. That is civil court, they may use the police report as evidence but it may not be the deciding factor.

So if you want to get paid, sue the other person in court.

If the officer did not do a report, he should have filed an incident report which would have the names.

Why did the officer not want to do a report, because they are 3 or 4 pages long, and takes a officer aobut 20 to 30 minutes to fill out, and then he has to write one person a ticket and then he has to appear in court ( normally on his day off or at a time when he is off and guess what in most places he is not paid to appear in court except for that 10 or 15 dollars the court may pay for an appearance.

Quote:

Originally Posted by Fr_Chuck

The police report has nothing or little to do with you getting paid by the other party or thier insurance. That is civil court, they may use the police report as evidence but it may not be the deciding factor.

So if you want to get paid, sue the other person in court.

If the officer did not do a report, he should have filed an incident report which would have the names.

Why did the officer not want to do a report, because they are 3 or 4 pages long, and takes a officer aobut 20 to 30 minutes to fill out, and then he has to write one person a ticket and then he has to appear in court ( normally on his day off or at a time when he is off and guess what in most places he is not paid to appear in court except for that 10 or 15 dollars the court may pay for an appearance.

THANK YOU to all who took the time to answer my question! At least I know how to proceed from this point. That explains why the other person did not receive a ticket. I found out the officer filed an "Incident Report" and notated, "No Report Generated". It just amazes me that it was at the officer's discretion to file, or not file a police report. Thanks again, everyone!

Quote:

Originally Posted by yarra2797

THANK YOU to all who took the time to answer my question! At least I know how to proceed from this point. That explains why the other person did not receive a ticket. I found out the officer filed an "Incident Report" and notated, "No Report Generated". It just amazes me that it was at the officer's discretion to file, or not file a police report. Thanks again, everyone!

You are correct about the officer's discretion part. Just turn this over to the insurance companies. Hopefully you have full coverage and a low dedictible and can get your car repaired. Take pictures of your car and the other car if possible as that could help in court if it gets that far.