What should be done if there are errors in the traffic accident report?

The accident report prepared after a traffic accident is an extremely important document for determining the degree of fault, applying to the insurance company, covering vehicle damage, and managing the compensation process. Therefore, incorrect information, incomplete assessments, or erroneous fault determinations in the report can lead to serious loss of rights in the future.

So what should be done if there are errors in the traffic accident report? What legal avenues can be pursued if the wrong license plate is written in the report, the location of the accident is incorrectly shown, the fault ratio is determined inaccurately, or the manner in which the accident occurred is described inaccurately?

What is a Traffic Accident Report?

A traffic accident report is a document that shows how a traffic accident occurred, the vehicles involved, the drivers, the scene of the accident, the extent of the damage, and the statements of the parties. In accidents involving only material damage, the parties can reach an agreement and prepare a report among themselves. However, in accidents involving injuries, fatalities, drunk driving, unlicensed driving, or where the parties cannot reach an agreement, the traffic police or gendarmerie will prepare a report.

Traffic accident reports are one of the most important documents used by insurance companies in assessing fault. However, these reports are not always error-free.

What are the possible errors in a traffic accident report?

Traffic accident reports can contain various types of errors. The most common errors are:

Incorrectly written vehicle license plate,

Incomplete or incorrect driver information,

Entering incorrect insurance policy information,

Incorrectly writing the date or time of the accident,

Incorrect depiction of the accident site,

The accident sketch was drawn inaccurately

Incorrectly indicating the direction of approach of the vehicles,

Incorrect assessment of traffic light, sign, road line or lane status,

Incomplete writing of party statements,

The fact that it was ignored despite having camera footage,

The failure to record witness information in the minutes,

Incorrect determination of the defect rate.

Such errors can lead to a misjudgment of how the accident occurred and an incorrect determination of fault.

What should be done first if an error is discovered in the report?

Anyone who notices an error in a traffic report should first secure the evidence. Because simply stating "the report is wrong" is not enough for an appeal to be successful. The error must be demonstrated with concrete evidence.

Therefore, the following evidence should be collected immediately after the accident:

Photographs of the accident scene,

Photos of the damaged vehicles,

Images showing road, signage, traffic light and lane conditions,

In-vehicle camera recordings,

Workplace, building or CCTV camera recordings,

Names, surnames and contact information of witnesses,

Insurance documents,

Hospital reports,

Expert report,

Vehicle depreciation and repair documents.

Camera recordings should be requested without delay, especially since they can be deleted quickly.

Appealing the Fault Ratio in a Traffic Accident Involving Material Damage

In traffic accidents involving only material damage, if the parties have prepared an accident report among themselves, the report is forwarded to the insurance companies. The insurance companies evaluate the degree of fault based on the report, photographs, and other documents.

If the fault ratio has been incorrectly determined, the individual concerned can apply to the insurance company to request a reassessment of the fault ratio. Simply submitting an appeal may not be sufficient. The appeal must be supported by additional evidence such as camera footage, photographs, witness statements, on-site images, or technical analysis.

If the fault rate has been determined by mutual agreement between insurance companies, it is important for the insured to object within a specified period by providing additional information and documents. Failure to do so may make it more difficult to object during the insurance process, and the dispute may be taken to arbitration or litigation.

What should be done if there is an error in the report prepared by the police or gendarmerie?

In some accidents, the accident report is prepared not by the parties involved, but by the traffic police or gendarmerie. Official teams prepare the report, especially in accidents involving injury or death, when one of the drivers is intoxicated or unlicensed, when the parties cannot reach an agreement, or in accidents affecting public safety.

If it is believed that there are errors in this report, a copy of the report should first be obtained and the erroneous parts identified. Then, depending on the nature of the incident, options such as applying to the relevant administration, objecting to the insurance company, submitting evidence to the criminal file, objecting to the determination of fault, or pursuing legal action can be considered.

For example, if the accident report states "the vehicle ran a red light" but the camera footage shows otherwise, the camera footage must be immediately submitted to the file. If the accident location is incorrectly indicated in the report, this error must be revealed with photographs of the accident scene, map records, and witness statements.

Are Traffic Accident Reports Conclusive Evidence?

Traffic accident reports are important evidence; however, they are not, by themselves, a definitive and unchangeable document in every case. The fault assessment included in the report may be reviewed in court or insurance arbitration proceedings.

The court may, if necessary, order an expert examination to reassess the circumstances of the accident, including the drivers' behavior, road conditions, brake marks, speed, traffic signs, and vehicle damage. Therefore, legal avenues are not entirely closed in the face of an erroneous accident report.

What can be done if an incorrect fault is identified in the report?

If you believe the fault assessment in the accident report is incorrect, the course of action will vary depending on the type of incident. In cases involving only material damage, the fault assessment should first be pursued through the insurance company and the SBM system. After the fault percentage is determined, an objection should be raised with additional evidence.

In accidents resulting in injury or death, the criminal investigation, expert report, and prosecutor's file become crucial. In such cases, the degree of fault can be decisive in terms of criminal liability and the right to compensation. Therefore, the victim or the driver accused of fault must submit their evidence to the file within the prescribed time.

Claims such as vehicle damage, depreciation, loss of earnings, medical expenses, disability compensation, or loss of support compensation may be affected by the degree of fault. Therefore, it is necessary to seek legal recourse in a timely manner against erroneous fault assessments.

Is it possible to file an application with the Insurance Arbitration Commission?

If an insurance company refuses to pay, underpays, or fails to cover the damage based on an incorrect fault rate, an application can be made to the Insurance Arbitration Commission if the conditions are met.

In the insurance arbitration process, accident reports, photographs, expert reports, damage files, fault assessments, camera recordings, and other evidence are examined. Expert assessments may be conducted if necessary.

Especially in disputes regarding vehicle depreciation, damage costs, and insurance payments, insurance arbitration can be a practical and effective avenue of recourse.

Should I file a lawsuit?

In some cases, an appeal or arbitration process may not be sufficient to resolve the issue with the insurance company. Particularly in accidents resulting in serious injury, fatal accidents, high-value vehicle damages, or situations where fault is highly disputed, legal action may be necessary.

During the trial process, the court is not bound by the accident report. Evidence presented by the parties, expert reports, camera recordings, witness statements, and traffic regulations are all evaluated together.

Therefore, if there is an error in the traffic report, the matter should not be left solely to the insurance company; the right to compensation, criminal liability, and fault should be considered together.

What to do if there are errors in traffic ticket reports?

A traffic accident report and a traffic administrative fine report are different. If the problem lies not in the accident report but in the traffic fine report, the appeal process is different.

For example, if a person is wrongly issued a fine for running a red light, illegal parking, speeding, or not wearing a seatbelt, they may need to appeal the traffic administrative fine to the Magistrates' Court within the legal time limit.

Therefore, it is crucial to correctly identify which report is being contested. The accident report is important in terms of determining fault percentage and the insurance process, while the traffic violation report is evaluated in terms of the cancellation of the administrative fine.

Why is legal support important if there are errors in the report?

Although errors in traffic accident reports may seem like mere technical mistakes, their consequences are quite significant. Due to incorrect fault percentages, insurance payments may decrease, vehicle depreciation claims may be denied, the amount of compensation may be reduced, or the individual may be unfairly attributed fault.

Furthermore, the degree of fault in accidents resulting in injury can directly affect criminal investigations and compensation claims. Therefore, when an error is noticed in the report, the process should be carried out without delay and before evidence is lost.

To avoid losing your rights after a traffic accident, it is important to have the accident report, fault ratio, insurance application, depreciation claim, and compensation process evaluated by an expert lawyer.

Conclusion

Errors in traffic accident reports must be taken seriously. Incorrect license plates, inaccurate sketches, incomplete statements, false fault assessments, or misrepresentation of the accident scene can directly affect the insurance and compensation process.

In this situation, the first steps should be to gather evidence, secure photographs and video recordings, challenge the fault percentage with the insurance company, and, if necessary, pursue arbitration or legal action.