If you have suffered a traffic accident in which you have not been able to agree with the rest of those involved regarding the version of the facts or the fault in the accident, or if you do not have the data of the other interveners, surely It will be interesting to obtain a copy of the police report in the event that a police authority has intervened.
What is a police report?
The police report is an official document instructed by the State Security Forces and Bodies, through which the agents who intervene after the production of a traffic accident record the events that occurred, the steps they have carried out to determine these events , and all other relevant data surrounding the claim.
In this sense, the police report has two main functions: Identify the parties involved in an accident, and clarify the events that occurred in order to determine the guilt of the causer.
In addition, in certain cases, the report will also serve to establish whether the facts surrounding the accident could constitute a traffic crime.
Basic content of the statement
Generally, the statement has the following basic content:
- Place, date and time of the accident.
- Data of the intervening police.
- Identification of the parties involved in the accident (both vehicles and drivers, owners and insurance companies, injured pedestrians, etc.).
- Statements and/or versions of the parties involved.
- Identification of possible eyewitnesses of the events.
- Manifestations and/or versions of the witnesses.
- Analysis of the circumstances of the accident (final position of the vehicles, vestiges on the road, injured people, etc.).
- Description of the possible sequence and/or mechanics of the events, based on the above. Sometimes, it is accompanied by a sketch.
- Opinion and/or conclusions of the patrol.
What is the attestation for?
The police report acquires special relevance, on the one hand, to be able to identify the possible person responsible for a traffic accident and, on the other hand, to determine their guilt in it.
In the case of having a favorable report, it will be easier to reach an agreement with the responsible vehicle insurance company, since the fault in the accident will be proven. In this sense, it will be a question of discussing the scope of the damages suffered, but not the responsibility of the vehicle that caused it.
The fact of not having a favorable report does not automatically imply that you are not entitled to compensation, although it is true that claim procedures may be complicated and take much longer than a case in which a favorable report is available.
Whenever the police intervene, will they have crowded?
Although it is usual that, when the police authority intervenes after an accident, they prepare a report, it may happen that on some occasions this is not the case.
An example in which the agents may consider that it is unnecessary to carry out a report is the case in which the drivers of the vehicles involved agree on the version of what happened (since, normally, they are also willing to prepare an amicable part) .
Thus, it may happen that the police authority goes to the scene, and helps those involved to fill out the Friendly Declaration of Accident without filing any report.
How long do I have to request a statement?
The truth is that there is no specific term or a specific time to request the police report , but it is possible to request it at any time.
However, it is important to bear in mind that, on a regular basis, the police take a few weeks (sometimes even months) to finalize the report.
This is so since they must take statements from the witnesses and those involved, make a sketch of the accident site, etc. Procedures, all of them, that require a certain time.
Therefore, the sooner the same is requested, the sooner the circumstances of the accident can be clarified.
How to get the certificate?
As a general rule, we will be able to obtain the police report at the corresponding police offices, and there are several ways to carry out the request management, which we will see below.
However, although it is more exceptional, on some occasions the police authority can send the report to the Court of the judicial district of the place of the accident. The criterion for making this decision is usually related to the seriousness of the injuries suffered by the injured and the possibility that a crime against traffic safety had been committed (reckless driving, alcohol, etc.).
If the statement is in court
The intervening authority can send the report to the Investigating Court of the judicial district corresponding to the place of the events , based on the seriousness of the injuries suffered by the accident victims (or in the case of having resulted in death) and on whether there may have been a crime against traffic safety (reckless driving, alcohol, etc.).
In this case we must go to the Courts to obtain a copy of the report .
Depending on the type of judicial procedure that has been initiated, the victim may appear in person at the Court herself and withdraw a copy of the police report of the accident, or they will need to appear in person with a lawyer and solicitor in order to obtain it.
How much does the certificate cost?
If the report is held by the police
In this case, the cost of the fee depends on each locality and/or police force involved, and may vary considerably.
What happens if I do not agree with the statement?
The police do not always reflect the absolute truth of what happened.
It may happen, in cases in which the drivers involved give contradictory versions or, for example, when there are no witnesses to the events, that the patrol reaches an erroneous conclusion, based on deductions without supporting evidence.
It should be said that this does not have to be due to a lack of diligence on the part of the police, but rather that sometimes the patrol does not have the necessary technical means to be able to reach a correct conclusion.
That being the case, what can we do if the police reach a conclusion with which we do not agree?
We have the possibility of filling out a suggestion/complaint sheet (which can be requested and then delivered in person at the police station) or submit a report rectification request form (by electronic means in the corresponding official channels), through which we must identify ourselves, reflect the data of the statement with which we do not agree, and state the reasons why we consider that it contains an error.
Likewise, it is important to accompany said request with any document or means of proof that allows the agents to review the circumstances of the accident again and, where appropriate, decide whether to rectify any extreme.
For example: If there were any witnesses to the events whose statement is not included in the report, it would be convenient to provide their written statement, along with their identification data and a photocopy of their identity document.