Importance of the Police Report

After a car accident in Michigan, one of the first questions people ask is whether a police report was filed. There is good reason for this concern. The police report is often the single most influential document in the early stages of an injury claim. It shapes how insurance companies assign fault, influences settlement negotiations, and can become critical evidence if your case goes to trial. Understanding what the police report contains, how to obtain it, and what to do if it contains errors is essential for protecting your claim.

What Is Contained in a Police Report

In Michigan, the official traffic accident report is called the UD-10 Traffic Crash Report. This standardized form is used by all Michigan law enforcement agencies and contains comprehensive information about the crash:

Basic incident data:

• Date, time, and exact location of the crash
• Weather and road conditions at the time
• Lighting conditions (daylight, dusk, dark with/without streetlights)
• Road surface type and condition

Vehicle and driver information:

• Names, addresses, and license numbers of all drivers
• Vehicle makes, models, years, and license plate numbers
• Insurance company and policy numbers for each vehicle
• Vehicle damage descriptions and tow information

Crash details:

• A diagram showing vehicle positions, directions of travel, and point of impact
• Contributing factors identified by the officer (speeding, failure to yield, distracted driving, impairment)
• Traffic control devices present and their status
• Sequence of events leading to the crash

Injury and outcome information:

• Number and severity of injuries (fatal, incapacitating, non-incapacitating, possible injury)
• Whether occupants were wearing seatbelts
• Whether airbags deployed
• Names of injured parties and hospitals they were transported to
• Citations or violations issued

Narrative section: The officer's written description of what happened, based on their investigation at the scene. This narrative often contains the officer's assessment of fault, though Michigan officers are not required to make a formal fault determination on the UD-10.

How to Obtain a Police Report in Michigan

Michigan law requires that UD-10 reports be filed with the Michigan State Police Criminal Justice Information Center within 10 days of the crash. However, obtaining your copy typically starts with the investigating agency:

1. Identify the investigating agency: This is usually the local police department or county sheriff's office that responded to the scene. For highway crashes, it may be the Michigan State Police.
2. Request the report: Visit the agency in person, call their records division, or check their website. Many Michigan departments now offer online report purchasing through services like LexisNexis or BuyCrash.com.
3. Timing: Reports are typically available within 3-7 business days of the crash, though complex investigations may take longer.
4. Cost: Fees vary by department but typically range from $10 to $25 per copy.
5. Alternative sources: If you cannot get the report from the local agency, certified copies can be requested from the Michigan Department of State Police.

Under Michigan law, crash reports involving injuries are public records available to parties involved in the crash, their attorneys, and their insurance companies. Reports of property-damage-only crashes also become public after a waiting period.

Officer Observations and Citations

The responding officer's observations carry substantial weight because they are made by a trained, neutral third party at or near the time of the crash. Key officer observations include:

Physical evidence: Officers are trained to identify and document skid marks, debris patterns, fluid trails, and gouges in the pavement that indicate vehicle speeds, directions, and points of impact. These observations often disappear before any other investigator arrives at the scene.

Driver condition: Officers note whether drivers appear impaired by alcohol or drugs, distracted, fatigued, or emotionally agitated. They may administer field sobriety tests or request blood draws. These observations of the drivers' conditions at the scene are powerful evidence of negligence.

Statements from parties: Officers typically speak with each driver and record their account of events. These statements, made at the scene shortly after the crash, can be used later if a party changes their story during litigation.

Citations issued: When an officer issues a traffic citation in connection with the crash -- for running a red light, speeding, improper lane change, or other violations -- it represents the officer's professional judgment that a traffic law was violated. While a citation is not conclusive proof of fault in a civil injury claim, it is highly persuasive evidence. If the cited driver later pleads guilty or is found responsible in traffic court, that outcome can be used as evidence of negligence in your civil case.

The Police Report as Evidence: Admissibility Issues

While police reports are enormously influential during insurance negotiations, their role at trial is more nuanced. Understanding the distinction is important:

During insurance negotiations: Insurance adjusters rely heavily on police reports to make initial fault determinations and evaluate claims. The report is often the first document an adjuster reviews, and its contents strongly influence the company's settlement posture.

At trial: The police report itself is generally inadmissible as hearsay under the Michigan Rules of Evidence. A document is hearsay when it contains out-of-court statements offered to prove the truth of the matter asserted. However, there are important exceptions and workarounds:

• The investigating officer can be called to testify about their personal observations at the scene
• Statements made by parties in the report may be admissible as admissions of a party opponent (MRE 801(d)(2))
• Portions of the report may qualify as a public record or business record exception to the hearsay rule
• The report can be used to impeach a witness who testifies inconsistently with what they told the officer

Even when the report itself is not admitted as evidence, its influence on the case remains substantial because it shapes the investigation, informs expert opinions, and guides discovery.

Correcting Errors in Police Reports

Police reports are not infallible. Officers arrive after the crash has occurred and must reconstruct events from physical evidence and the accounts of involved parties and witnesses. Errors in police reports are surprisingly common and can include:

• Incorrect vehicle positions in the crash diagram
• Wrong direction of travel for one or more vehicles
• Inaccurate statements attributed to you
• Failure to include witness information
• Incorrect contributing factors or fault assessment
• Wrong date, time, or location details

If you discover errors in your Michigan police report, you have options:

1. Contact the investigating officer directly: For factual errors (wrong license plate number, incorrect spelling of names, wrong vehicle color), many officers will file a supplemental report or correction.
2. Submit a written supplement: You can provide a written statement to the investigating agency requesting that it be attached to the original report. This does not change the report but creates an official record of your disagreement.
3. Document your version independently: Your own accident scene documentation -- photos, videos, witness statements -- can contradict an inaccurate police report. This independent evidence may be more persuasive than the report itself.

Officers are generally unwilling to change their narrative conclusions or fault determinations in a supplemental report. For substantive disagreements about how the crash occurred, the remedy is typically to present contradicting evidence during the claims process or at trial rather than attempting to revise the report.

When Police Do Not Respond to Accidents

Not every Michigan accident results in a police response. Officers may not respond when:

• The crash appears to involve only minor property damage
• There are no reported injuries
• The crash occurred on private property (parking lots)
• Staffing shortages or higher-priority calls prevent a timely response
• Both drivers agree on what happened and exchange information

If police do not respond to your crash, Michigan law (MCL 257.622) still requires you to file an accident report if the crash involves injury, death, or property damage exceeding $1,000. You can file a citizen's report (SR-1 form) with the Michigan Secretary of State's office within 10 days.

The absence of a police report does not prevent you from pursuing an injury claim, but it does make your own documentation even more critical. Without a police report, you must build your case entirely from:

• Your own photographs and video of the scene
• Witness statements
• Medical records linking your injuries to the accident
• The other driver's insurance information (exchanged at the scene)
• Any available surveillance camera footage

When police do not respond, the credibility contest between drivers becomes central to the claim. Without an officer's neutral observations, cases often come down to your word against theirs. This makes immediate, thorough scene documentation absolutely essential. If police do not come to the scene and you believe the other driver was at fault, consider driving to the nearest police station to file a report as soon as possible after the crash.

The police report is a powerful but imperfect tool in your injury claim. It provides a crucial starting point for establishing fault and documenting the basic facts of your crash, but it should never be the only evidence you rely upon. Your own documentation, medical records, and witness testimony work together with the police report to build the comprehensive case needed to recover full compensation for your injuries.