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Not.E.1

Fault Determination - damages inconsistent with police report

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This occurred in Colorado. First, I must note that I have absolutely no memory of this incident or the following three days due to an unknown medical issue - so, my knowledge of the actual facts are limited.

I have been accused of being the at-fault party in a non-injury auto accident. The officer's reports of what occurred and the diagram explanation of the accident is inconsistent with the damage sustained/not sustained by my vehicle. The Driver of the other vehicle did not provide a written statement of what happened.

Any suggestions on how to dispute this in court or if there are certain expert witnesses that I should request the assistance of in fighting this case?

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Guest FindLaw_Amir

Did you receive a citation? Have you contacted your auto insurance to address this issue?

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I have been accused of being the at-fault party in a non-injury auto accident. The officer's reports of what occurred and the diagram explanation of the accident is inconsistent with the damage sustained/not sustained by my vehicle. The Driver of the other vehicle did not provide a written statement of what happened.

Any suggestions on how to dispute this in court or if there are certain expert witnesses that I should request the assistance of in fighting this case?

If you have been charged with a traffic offense, then the state will need to present evidence to support the charge(s) against you. The police report, however, is not admissible evidence. The officer may testify as to what he or she actually saw and heard (other than statements he or she heard from others). If the officer didn't witness the accident, then all the officer may testify about are (1) statements you made to the officer and (2) what the officer observed when he or she arrived at the scene. The state may also call the other driver as a witness, along with any bystanders that may have seen it. You may challenge the evidence presented by showing that the damage sustained is inconsistent with that, but you may need an expert in traffic accident reconstruction to testify for you to make that case.

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