What Happens If a Police Report Is Wrong in Luzerne County, Pennsylvania?

The report says you made an illegal turn. It claims there were no injuries—despite the fact that you were taken away in an ambulance. It might even list the wrong street or ignore a witness who saw the other driver texting.

In an instant, a document that should be an objective record of the truth feels completely wrong.

If this happened after a crash in Luzerne County, you are not alone—and more importantly, you are not stuck with it.

Here is what a wrong police report really means, why it matters, and what you can do about it.

Why an Incorrect Police Report Can Hurt Your Case

Pennsylvania follows a rule called modified comparative negligence, often referred to as the 51% rule.

How the 51% Rule Works

• If you are 50% or less at fault, you can still recover compensation

• If you are more than 50% at fault, you recover nothing

If a police report incorrectly blames you, an insurance adjuster may rely heavily on that document when deciding your claim.

Even in Wilkes-Barre or Hazleton, where accidents are investigated thoroughly, insurers often treat the police report as a starting point—and sometimes the deciding factor.

That means a mistake in the report can lead to:

• Claim denials

• Reduced settlement offers

• Disputes over liability

Two Types of Police Report Errors

Not all mistakes are the same. Understanding the type of error helps determine how to fix it.

• Factual Errors (Easier to Correct)

These are objective mistakes where incorrect information was recorded.

Examples include:

• Misspelled names or wrong addresses

• Incorrect vehicle details

• Wrong date, time, or location

• Incorrect insurance information

These errors are usually easier to fix with documentation.

• Opinion or Narrative Errors (Harder to Challenge)

These involve the officer's interpretation of what happened.

Examples include:

• Who the officer believes caused the crash

• Statements from the other driver that are inaccurate

• Notations that no injuries occurred

• Diagrams that misrepresent vehicle movement

These are more difficult because officers are not required to change their opinions.

Step-by-Step: How to Challenge a Police Report

If your report is wrong, you cannot simply edit it yourself. You need to follow a structured approach.

Step 1: Gather Evidence

You need proof—not just your version of events.

Strong evidence includes:

• Photos and videos of the scene

• Surveillance footage from nearby homes or businesses

• Witness statements

• Medical records showing treatment after the crash

Step 2: Contact the Police Department

The officer's name and department will be listed on the report.

You or your attorney can contact the department serving Luzerne County to request a correction or review.

Best approach:

• Be professional and respectful

• Clearly explain the error

• Provide supporting evidence

Officers are more likely to correct clerical mistakes than change conclusions.

Step 3: Request a Supplemental Report

For disputed facts or fault determinations, the most realistic solution is often a supplemental report.

This allows:

• Your version of events to be officially documented

• Additional evidence to be attached

• Insurance companies to see that liability is disputed

While it does not erase the original report, it can significantly reduce its impact.

Can a Police Report Be Used in Court in Pennsylvania?

Here is some important context: in Pennsylvania, police reports are generally considered hearsay and are not typically admissible to prove fault at trial.

However, that does not mean they are irrelevant.

Why the Report Still Matters

• The officer can testify in court

• The report may be used to refresh recollection

• Insurance companies rely heavily on it

If errors go unchallenged, they can influence how your case is presented and perceived.

How a Luzerne County Personal Injury Lawyer Can Help

An experienced personal injury attorney does not simply accept the police report as final.

A strong legal strategy often includes:

• Obtaining surveillance or traffic camera footage

• Working with accident reconstruction experts

• Interviewing overlooked witnesses

• Challenging the insurance company's fault determination

In many cases, a thorough independent investigation can completely change how liability is viewed.

Don't Let a Wrong Police Report Define Your Case

If you were involved in a car crash in Wilkes-Barre, Hazleton, or anywhere in Luzerne County, a mistake in the police report does not mean your case is over.

Taking action quickly can help preserve evidence, correct inaccuracies, and protect your ability to recover compensation. 

 At Sklarosky Law, we offer free consultations and handle car crash cases on a contingent fee basis, meaning you pay nothing unless we recover compensation for you.

Call (570) 283-1200 or use our online contact form to schedule a free consultation.