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How Do I Dispute an Accident Report?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Sep 1, 2026

Read Time: 4 mins

Police reports are key evidence when car accidents cause significant injury or death. Inaccurate details in these reports can lead to reduced compensation or outright claim denials in some cases. You’ll need to contact the police department to dispute inaccuracies found in a car accident report, but it could be an uphill battle getting the report amended – unless you have the assistance of a car accident lawyer.

What Are the Most Common Car Accident Report Errors?

Attending officers will first fill out a two or three-page accident report on the scene. In most cases, officers are operating in haste, under difficult conditions. Common problems with police reports include:

Failure to identify all eyewitnesses and collect testimony.
Conflicting statements obtained from witnesses.
Failure to question both drivers involved if possible.
Understatement of injuries at the scene of the accident.
Errors of fact, such as name misspelling, incorrect insurance details, or miscalculated speed/direction.

An accident reconstruction report is conducted when catastrophic injury or death occurs. These reports require extensive photographic evidence and forensic mapping conducted by a specially trained police team. Though these investigations utilize computers and high-tech tools, they are not infallible.

Do Police Reports Matter to Car Accident Claims?

Even though New York State is a no-fault state, the report may still contain opinions of the responding officer as to what contributed to or caused the accident. Sometimes “no-fault” insurance companies use this to get out of paying for your injuries. Insurers may deny your claim if you are found in violation of the law, if you were texting or drinking behind the wheel or if you were driving without a valid license at the time. They can also refuse to cover you if you were acting in violation of your insurance policy, if you said you used your car to commute to work, but actually were working as a Lyft or Uber driver, for example.

A disputed police report can also affect how fault is apportioned between drivers. Under New York’s comparative fault rules, the percentage of fault assigned to you directly affects how much you can recover.

How To Dispute an Accident Report

If you believe there are errors in the police report of your accident, you will need to contact the police department and, ideally, the exact officer who appeared on the scene. Sometimes you can contact the police department in a polite manner, and someone will help you correct a basic error right away.

Other times, you may feel like no one is listening or no one cares. In most circumstances, it is best to call upon a car accident lawyer to advocate on your behalf, communicating with the police team and assembling evidence to help you prove your case. KGG Law routinely handles cases with problematic police reports. We overcome disputes by conducting discovery, depositions, and expert investigations.

If the police refuse to amend the report, we can also work directly with the insurance company to demonstrate how the report is factually unsound. We can bring in outside experts to conduct a separate third-party investigation and testify on your behalf, strengthening the credibility of your claim.

How New York’s 2026 Comparative Fault Rules Affect Your Claim

As of May 26, 2026, New York law bars a plaintiff found more than 50% at fault for a motor vehicle accident from recovering non-economic damages, such as pain and suffering. You may still be able to recover a proportional share of your economic damages, such as medical bills and lost wages, but pain and suffering compensation would not be available. The law also eliminated the “90/180-day” rule, under which a temporary injury lasting at least 90 of the 180 days following an accident could, on its own, qualify as a “serious injury” for purposes of filing a lawsuit. These changes apply to actions commenced on or after that date and make it even more important to correct an inaccurate police report, since an inflated fault percentage in the report could push you above the 50% threshold and eliminate your right to pain and suffering compensation entirely.

Get Legal Help With Your Accident Report Dispute

If you have any questions about an accident report dispute, contact a knowledgeable and dedicated car accident attorney at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. Initial consultations are always free, and you only pay us if we win compensation on your behalf.

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   LWelsh 
 34 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 55 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 119 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 122 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 128 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 134 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 157 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 170 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 177 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 180 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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