Yes, you may still have a personal injury case even if the police report gets something wrong. A police report can be important, and insurance companies often rely on it heavily, but it is not always the final word on who caused the accident. In South Carolina, the report is an FR10.
That matters because police reports can contain mistakes.
An officer may arrive after the crash happened. Witnesses may give incomplete information. A driver may lie or exaggerate. Vehicle positions may change before the officer gets there. Weather, traffic, injuries, confusion, and stress can all affect what gets written down.
If the report says you were at fault, lists the wrong location, leaves out a witness, misstates what you said, or fails to mention key evidence, you should not assume your case is over. You should act quickly to protect the evidence that tells the full story.
In South Carolina, the official collision report can be requested through the SCDMV, and the SCDMV notes that the collision report is more detailed than the report given on the day of the collision. The agency allows involved parties to request a copy online or by using SCDMV Form FR-50.
Importantly, in South Carolina the FR10 and even officer testimony (assuming he did not witness the accident himself) is not admissible in court if the case goes trial. The primary exception to officer testimony is in the case of an officer who is a certified accident reconstructionist who is able to become certified by a judge as an expert. In that case, the officer can only give his opinion of liability from evidence he witnessed at the scene. It is extremely rare, as few officers are certified as an accident reconstructionists.
One other exception to officer testimony to what he saw/heard after the accident is with a party admission. When a party makes an admission to anyone else, including the officer, that admission can be testified to at trial. That’s why parties should never make admissions at the scene (with the nuances of the law, the party making an admission may not be a fault or only partially at fault, but the admission usually sinks the case for them).
1. Why Police Reports Can Be Wrong
Police reports are usually created under pressure. The officer may be dealing with injured people, blocked traffic, angry drivers, emergency vehicles, tow trucks, bad weather, and limited time. In many crashes, the officer did not actually see the collision happen.
That means the report may be based on:
- Statements from drivers
- Statements from passengers
- Statements from witnesses
- Vehicle positions after impact
- Damage patterns
- Road conditions
- Skid marks or debris
- The officer’s observations at the scene
Those details can be useful, but they are not perfect.
For example, imagine a driver runs a red light and hits another vehicle in Orangeburg. By the time the officer arrives, the at-fault driver insists the light was yellow. The injured driver is shaken up, in pain, and not able to explain clearly. A witness leaves before speaking to police.
The report may end up sounding uncertain or even wrong.
That does not mean the truth disappears.
A personal injury attorney may be able to look beyond the report and gather other evidence, such as:
- Traffic camera footage
- Business surveillance video
- Dash cam footage
- Vehicle damage photos
- 911 records
- Witness statements
- Medical records
- Accident reconstruction evidence
- Cell phone records
- Event data recorder information
- Roadway photos
- Repair estimates
The police report matters, but it is only one piece of the case.
2. Common Police Report Mistakes After an Accident
Some mistakes are small. Others can seriously affect the claim.
Common police report errors include:
- Wrong driver information
- Wrong vehicle information
- Wrong insurance information
- Incorrect crash location
- Incorrect time of the accident
- Incorrect road conditions
- Incorrect weather conditions
- Incorrect direction of travel
- Missing witness names
- Missing passenger names
- Wrong diagram of the crash
- Incorrect statement summary
- Failure to mention injuries
- Failure to mention traffic violations
- Wrong contributing factor
- Incorrect assumption about who caused the crash
Soe errors are clerical. For example, a misspelled name or a wrong license plate number may be easier to address.
Other errors are more serious. For example, if the report suggests you caused the crash when you did not, that can become a major problem in an insurance claim.
Insurance companies may use a wrong report to argue:
- You were at fault.
- Your injuries are not related.
- The other driver did nothing wrong.
- Your version of events changed.
- The claim should be denied or reduced.
That is why you should request the full collision report and review it carefully. The SCDMV says the official collision report is more detailed than the report received on the day of the collision, which makes it important to get the full version before assuming you know what the report says.
3. Does a Wrong Report Automatically Kill Your Case?
No. A wrong police report does not automatically kill your case.
A personal injury claim is based on evidence. The report may influence the insurance company, but it does not always decide liability by itself.
South Carolina negligence cases can involve comparative negligence, meaning fault may be assigned between the parties. In Nelson v. Concrete Supply Company, the South Carolina Supreme Court adopted comparative negligence and stated that a plaintiff may recover damages if their negligence is not greater than the defendant’s, with the recovery reduced by the plaintiff’s share of negligence.
That is why fault evidence matters so much.
If the police report wrongly suggests you were responsible, the insurance company may try to place more fault on you. If your percentage of fault becomes too high, your recovery may be reduced or even barred. So the goal is not just to complain about the report. The goal is to build a better evidence record.
For example, if the report says you changed lanes unsafely, but dash cam footage shows the other driver drifted into your lane, that footage may be more powerful than the report. If the report leaves out a witness, your attorney may be able to contact that witness directly. If the report says there were no injuries, but you developed symptoms shortly after the crash and sought medical treatment, your medical records may help explain what happened.
A wrong report is a problem. It is not always the end.
4. What You Should Do If the Report Is Wrong
If you believe the police report is wrong, do not ignore it.
Start by getting the official report. In South Carolina, an involved person may request a collision report online or by completing SCDMV Form FR-50 and submitting it in person or by mail.
Once you have the report, read it slowly. Do not only look at the fault section. Review the entire document, including names, insurance information, vehicle descriptions, crash diagram, contributing factors, statements, injuries, location, date, and time.
Then write down every issue you see.
Separate the mistakes into two categories:
Factual errors:
These are things that are objectively wrong, such as your name, vehicle make, license plate, location, or insurance information.
Disputed conclusions:
These involve judgment calls, such as who caused the crash, whether you failed to yield, whether the other driver was speeding, or whether the officer misunderstood the sequence of events.
That distinction matters because factual errors may be easier to address than conclusions based on the officer’s interpretation.
Next, gather supporting evidence. Useful evidence may include:
- Photos from the scene
- Vehicle damage photos
- Medical records
- Witness names
- Screenshots of messages
- Dash cam footage
- Nearby business names that may have cameras
- Tow records
- Repair estimates
- 911 call information
- Weather or road condition evidence
Do not call the officer angry. Do not accuse anyone of lying unless you have evidence. Do not try to pressure witnesses. Do not post about the mistake on social media.
A better move is to speak with a personal injury attorney and let the attorney decide how to challenge the report properly.
I cannot verify that every South Carolina law enforcement agency follows the exact same process for correcting or supplementing a collision report. In many situations, an attorney may contact the investigating officer or agency with documentation, but whether a report can be changed, supplemented, or clarified depends on the facts and the agency involved.
5. Evidence That Can Beat a Bad Police Report
A bad police report is easier to challenge when you have better evidence.
Some of the strongest evidence may include:
Photos and videos from the scene
Pictures can show vehicle positions, skid marks, debris, traffic signs, lane markings, weather, lighting, and property damage.
Witness statements
A neutral witness may carry more weight than either driver’s opinion.
Medical records
If the report says “no injuries,” but you sought medical care shortly after the crash, medical records can help show that injuries developed or became clear after the scene.
Vehicle damage evidence
The location and severity of damage can help explain how the crash happened.
Surveillance footage
Nearby stores, gas stations, traffic cameras, homes, or businesses may have captured the accident.
Dash cam footage
This can be especially powerful because it may show the crash as it happened.
Event data recorder information
In some serious crashes, vehicle data may help show speed, braking, throttle use, seatbelt status, or other crash-related information.
Accident reconstruction
In serious injury cases, an expert may be able to analyze impact angles, roadway evidence, vehicle damage, and physics.
The key is speed. Video footage can be deleted. Vehicles can be repaired. Debris can be cleared. Witnesses can forget. If the report is wrong, waiting too long can make the mistake harder to overcome.
6. Why the Insurance Company May Act Like the Report Is Final
Insurance companies often like police reports when the report helps them deny or reduce a claim.
If the report blames you, the adjuster may treat it like the whole case is already decided. If the report says there were no injuries, the adjuster may question your medical treatment.
If the report leaves out the other driver’s violation, the adjuster may act like liability is unclear.
But remember: the insurance company is not a judge. Again, if the case goes to trial in South Carolina the FR10 cannot be used as evidence and the officer cannot testify to hearsay of parties after the accident. The only exception is when a party makes an admission to the officer, and the officer will be able to testify to the admission.
The adjuster’s job is to evaluate the claim for the insurance company. That does not mean the adjuster’s first decision is correct. It also does not mean you should accept a low offer or denial just because the police report contains errors.
South Carolina law recognizes that fault can be compared and assigned by percentage in negligence cases. The South Carolina Contribution Among Tortfeasors Act also references the jury or court determining the percentage of fault, if any, of the plaintiff under applicable comparative negligence rules.
That is important because it shows fault is not just a box on a police report. Fault can be argued, proven, challenged, and evaluated using the full evidence.
7. Mistakes to Avoid After a Wrong Police Report
If the police report is wrong, your reaction matters.
Avoid these mistakes:
Do not assume you have no case.
A wrong report creates a challenge, not an automatic loss.
Do not give a recorded statement without preparation.
Insurance adjusters may ask questions designed to lock you into damaging statements.
Do not exaggerate.
If you claim every part of the report is wrong when only one section is wrong, you may hurt your credibility.
Do not ignore medical care.
If you are hurt, get treated. A police report error does not matter as much if you fail to document your injuries.
Do not wait too long.
Most South Carolina personal injury actions must be brought within three years, including actions for injury to the person or rights of another.
Do not post online about fault.
Social media arguments can become evidence.
Do not contact the other driver aggressively.
Let your attorney handle communication.
A calm, documented response is stronger than an emotional one.
FAQ: Wrong Police Reports After South Carolina Accidents
Q: Can I still file an injury claim if the police report blames me?
Yes, you may still be able to file a claim. The report may make the case harder, but it does not automatically decide the entire claim.
Q: Can a police report be corrected?
Sometimes factual mistakes may be addressed, but I cannot verify that every South Carolina law enforcement agency uses the same correction procedure. An attorney can help determine whether the officer or agency may consider a correction, supplement, or clarification.
Q: What if the report says I was not injured?
That can create an issue, but it does not always end the claim. Some injuries show up later. Medical records, treatment timelines, and symptom documentation may help explain delayed pain.
Q: What if the officer never talked to my witness?
Write down the witness’s name and contact information as soon as possible. Your attorney may be able to contact the witness and obtain a statement.
Q: Should I send evidence directly to the insurance company?
Be careful. Evidence should be presented strategically. Before sending photos, statements, or explanations to the insurer, speak with your attorney.
Q: How do I get the official South Carolina collision report?
The SCDMV allows involved parties to request a collision report online or by completing SCDMV Form FR-50 and submitting it in person or by mail.
Q: Does the police report decide who wins in court?
Not by itself. Fault in a personal injury case depends on the evidence and applicable law. South Carolina comparative negligence rules allow fault to be evaluated and assigned by percentage.
Conclusion: A Wrong Report Is a Problem, Not the End
A police report can strongly influence an accident claim, but it is not perfect and it is not always final. Reports can contain mistakes about what happened, who was involved, who was injured, what the witnesses said, or who caused the crash.
If the report is wrong, move quickly.
Get the official report. Identify the errors. Gather photos, videos, medical records, witness information, and other evidence. Avoid emotional calls or social media posts. Do not let the insurance company convince you that one flawed document destroys the entire case.
The truth of an accident is often bigger than the police report.
For injured drivers and passengers in Orangeburg, Columbia, Charleston, and across South Carolina, Bill Connor Law Firm can review the facts, challenge weak insurance arguments, and help determine what evidence may support the claim.
Bill Connor is a combat veteran attorney, retired U.S. Army Infantry Colonel, and Orangeburg personal injury lawyer. His attorney profile notes his AV® Preeminent™ Peer Review Rating by Martindale-Hubbell® and several seven-figure resolutions, including a multi-million dollar settlement in 2023 and an over-million-dollar resolution in 2024.