WHAT IS A TRAFFIC ACCIDENT REPORT AND HOW SHOULD IT BE FILLED OUT?
A traffic accident report is a document prepared by the parties involved in a traffic accident, either by themselves or by law enforcement, detailing how the accident occurred and the degree of fault of each party involved.
A traffic accident report is a document that can be prepared by the parties involved in an accident, without the need for law enforcement, provided they agree on the accuracy of the report and the involvement of law enforcement. Regardless of how it is prepared (with or without law enforcement), this type of report, where only property damage is involved, is called a "material damage traffic accident report." In this case, photographs of the vehicles involved in the accident must be taken at the time of the accident, without any damage or relocation. The report must include the identification documents of the drivers involved and photocopies of the vehicle registration certificates, and must be signed. Such a material damage traffic accident report can only be prepared by the parties involved in the accident. However, if the parties cannot agree on the fault and the manner in which the accident occurred, or if at least one of the parties is driving without a license, or if at least one of the parties' licenses does not match the vehicle involved in the accident, or if one of the vehicles involved has official license plates, or if third parties are harmed as a result of the accident, or if the state is affected by the accident... If property is damaged or the driver has mental health problems, they will not be able to fill out a traffic accident report without law enforcement. In short, if they cannot agree on the division of fault or if any of the other conditions mentioned are met, the report must be filled out with the assistance and supervision of law enforcement. If an injury or fatality occurs in the accident, it becomes mandatory for the traffic accident report to be filled out under the supervision of law enforcement.
WHAT INFORMATION AND DOCUMENTS SHOULD BE INCLUDED IN A TRAFFIC ACCIDENT REPORT?
First and foremost, the traffic accident report must include photocopies of the vehicle registration documents and driver's licenses of the drivers involved in the accident, and most importantly, the insurance companies of the vehicles. In addition, the accident location and time must be noted, and if there is one or more witnesses, their names must be recorded in the report. Furthermore, all green card information for the vehicle must be clearly and explicitly written, and this written traffic accident report must be signed by all parties involved in the accident.
INCORRECT COMPLETION OF THE TRAFFIC ACCIDENT REPORT
In the event of a traffic accident, if the parties involved agree among themselves to fill out a traffic accident report without the involvement of law enforcement, describing the accident and identifying faults, it is unlikely that they will be able to deceive each other. Therefore, the probability of errors in such a report is low. In cases where law enforcement is not present, and the conditions mentioned above are not met, it is necessary to examine the accuracy of a traffic accident report filled out by mutual agreement without calling law enforcement, and which is later denied or claimed to be inaccurate by one of the parties. If a traffic accident report, prepared with the assistance and supervision of law enforcement, is completely or partially inaccurate due to one of the parties' misrepresentation or misinterpretation, it may lead to attributing fault to a party who is not at fault, or to showing errors in the percentage of fault. In this case, the party with a low or no fault percentage may appear to be at fault and incur a debt obligation. Therefore, the person should file a lawsuit to correct the traffic accident report prepared by law enforcement due to its inaccuracy. Otherwise, the person against whom the report is inaccurate will suffer damages due to an unjustified and erroneous situation. The person who will suffer damages due to the percentage of fault being higher than it actually is can file a declaratory judgment lawsuit in the Civil Court of Peace, proving the situation with various evidence, and thus request the correction of the traffic accident report through litigation. Therefore, it is crucial for individuals involved in an accident and having a traffic accident report prepared by law enforcement to ensure that this report is meticulously and clearly documented. Otherwise, in any adverse situation, a party who is blameless or only slightly at fault may appear heavily at fault, and this may be reflected in the report. This could lead to both financial and legal penalties for that party, causing them to be unjustly harmed. For this reason, individuals should pay close attention to the preparation of the report from the outset. If they believe the report is incorrect, they should file a lawsuit to have it corrected. However, it is highly advisable to have this lawsuit filed by a qualified lawyer who knows the proper procedures and methods. Seeking legal assistance from a lawyer to have the report corrected and the error identified through litigation is the most logical approach.
HUSEYIN DOGAN