police report

California: The police officer who was at the accident told us that the witness that came forth was in his belief coached by the other party. I asked him bluntly if he would put that in the report and he said "yes" but when the report came he did not put it in. Now the lawyers say we have no case because the other party has a witness on their side. What can we do to make the police officer change the report? We also have pictures to back up our case but the lawyers say it doesn't matter. What can we do?

[Edited by zoey on 03-12-2001 at 08:44 PM]

[I AM ALWAYS LIABLE]

Originally posted by zoey
California: The police officer who was at the accident told us that the witness that came forth was in his belief coached by the other party. I asked him bluntly if he would put that in the report and he said "yes" but when the report came he did not put it in. Now the lawyers say we have no case because the other party has a witness on their side. What can we do to make the police officer change the report? We also have pictures to back up our case but the lawyers say it doesn't matter. What can we do?

[Edited by zoey on 03-12-2001 at 08:44 PM]

My response:

Pay for a Deposition of the officer. Get his answers, and his reasons, under oath.

IAAL

California
Thanks for the reply. My next question is how do we get a depostion and how much does something like that cost? Also can we get a deposition even if there is no law suit pending? We previously tried talking to the officer and he said that he wouldn't comment unless he was subpeina. Also I was not part of the accident but I was there when the officer stated that the witness was coached by the other party. Can I be a witness and testify in court that I heard the officer say that? Please reply back. Thank you.

[Edited by zoey on 03-13-2001 at 02:50 PM]

[I AM ALWAYS LIABLE]

Originally posted by zoey
California
Thanks for the reply. My next question is how do we get a depostion and how much does something like that cost? Also can we get a deposition even if there is no law suit pending? We previously tried talking to the officer and he said that he wouldn't comment unless he was subpeina. Also I was not part of the accident but I was there when the officer stated that the witness was coached by the other party. Can I be a witness and testify in court that I heard the officer say that? Please reply back. Thank you.

[Edited by zoey on 03-13-2001 at 02:50 PM]

My response:

Okay, a lawsuit must be filed within 1 year from the date of accident. A lawsuit must be filed in order to take a deposition. The officer must then be Subpoenaed, and pay the Police Department $150.00 flat fee for the Officer's time. Then, the deposition itself will cost anywhere from $500.00 (including transcript) and up to $1,000.00 or more, depending upon how long the deposition takes.

You've never said who you were in this equation. If you're a relative, friend, or otherwise of the person involved, your testimony, while important, will be considered biased.

If this officer's testimony is that important, and the damages are large enough, you really should have everyone involved on your side go see a Personal Injury attorney.

Good luck.

IAAL