A police report is not admissible as evidence of fault at trial in Georgia because it constitutes hearsay and because the investigating officer typically did not witness the accident. Despite this, the report is practically significant in multiple ways: it documents the initial factual record, identifies witnesses, records any citations issued, and often includes the officer’s narrative description of the scene. Insurance adjusters routinely use police reports to make initial fault determinations. Favorable or unfavorable notations in a police report can accelerate or complicate settlement, even though those notations carry no legal weight at trial. Counsel should obtain the report early and assess whether the officer’s account aligns with the available physical evidence. Police accident reports (Form SR-13 in Georgia) are obtainable through the investigating law enforcement agency under Georgia’s Open Records Act, O.C.G.A. § 50-18-70 et seq., which requires agencies to produce records within three business days of a request. If the report contains factual errors (wrong vehicle descriptions, incorrect party information, or inaccurate scene diagrams), the involved parties can request a supplemental report or amendment through the investigating agency, though the original report remains part of the file.
34.1. Under what hearsay exceptions, if any, can portions of a Georgia police report be admitted at trial?
Certain portions of a police report may be admissible under hearsay exceptions such as the business records exception or the public records exception, depending on the specific content. Factual observations recorded by the officer at the scene, such as road conditions, vehicle positions, and weather, may qualify. However, the officer’s opinions about fault and conclusions about causation are generally excluded. Statements made by parties at the scene and recorded in the report are admissible as admissions of a party opponent if offered against the person who made the statement.
34.2. How do insurance adjusters use police reports to make initial fault determinations in Georgia, and can that determination be challenged?
Insurance adjusters review the police report narrative, diagram, and any citations to make preliminary fault assessments. These assessments are not binding legal determinations and can be challenged through independent investigation, witness statements, accident reconstruction evidence, and physical evidence that contradicts the report. A plaintiff who disagrees with the adjuster’s fault determination based on the police report can present contrary evidence during the claim process and at trial.
34.3. What should a Georgia accident victim do if the police report contains factual errors?
A Georgia accident victim who identifies factual errors in a police report should contact the investigating officer or the law enforcement agency to request a correction or supplemental report. If the agency will not amend the report, the victim’s attorney can document the errors through independent evidence and address them during discovery and trial. The errors in the report do not bind the parties, and contradictory evidence can be presented to show the report’s inaccuracies.
34.4. How does the presence or absence of a traffic citation in the police report affect liability negotiations in Georgia?
A traffic citation supports a negligence per se argument and creates favorable leverage for the plaintiff in settlement negotiations. The absence of a citation does not preclude a negligence claim, as the officer may have declined to cite for various reasons unrelated to fault. Insurance adjusters and defense attorneys consider citations as one factor among many. A citation is not conclusive proof of fault, and the cited driver can contest the citation independently of the civil claim.
34.5. Can the investigating officer’s opinion about fault in a police report be used during deposition or discovery in Georgia?
The investigating officer can be deposed and asked about their observations and the basis for their conclusions. While the report itself may not be admissible for fault opinions at trial, the officer’s testimony about what they observed at the scene is generally admissible. During discovery, the report and the officer’s notes can be used to prepare for depositions and to identify inconsistencies between the report and other evidence.
34.6. How does a party obtain a certified copy of an accident report in Georgia, and what are the costs and procedures?
Georgia accident reports can be obtained from the law enforcement agency that responded to the accident or through the Georgia Department of Driver Services online portal. Certified copies are available for a fee that varies by agency. Requests typically require basic identifying information about the accident including the date, location, and parties involved. Processing times vary, and expedited requests may be available from some agencies.
34.7. What is the evidentiary value of statements made to a police officer at the scene that are recorded in the report?
Statements made by a party to the accident and recorded in the police report can be used as admissions of a party opponent under Georgia evidence rules when offered against the person who made the statement. Statements by witnesses recorded in the report are generally hearsay if offered for the truth of the matter asserted, though they may be admissible under certain hearsay exceptions or for impeachment purposes. The evidentiary value depends on who made the statement and the purpose for which it is offered.
34.8. How does Georgia treat accident reconstruction evidence when it conflicts with the narrative in the police report?
Accident reconstruction evidence based on physical evidence, engineering analysis, and scientific methodology can be presented at trial even when it contradicts the police report narrative. The jury weighs the reconstruction evidence against the officer’s account and all other evidence. Because the police report is not admissible for fault determinations at trial, the reconstruction expert’s testimony often carries more weight than the officer’s narrative in contested liability cases.
Disclaimer: This content is provided for informational and educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this material. Georgia law is subject to change through new legislation and court decisions. Always consult a qualified Georgia attorney for advice specific to your situation.