# Does a police report decide who was at fault? Canonical: https://californiapersonalinjurylaws.com/guides/police-report/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer A police report can help explain a crash. It does not decide the whole injury claim. An insurer or court may look at other proof too. ## Hypothetical example A report repeats one driver’s story. Later, a video shows a different light signal. ## How the rule works A report may mix facts the officer saw with things other people said. Those parts do not all have the same role. Other proof can fill gaps or show errors. ## What can change the answer An insurer may read a report even if all of it cannot be used in court. Those are separate issues. ## A useful next step Get the report and note any factual errors. Save your own photos and witness details too. ## Should I call my insurer while the report is being sorted out? Check your policy’s notice duties. Waiting for a report does not automatically pause those duties or a court deadline. A report also does not replace your own proof. ## Court decisions behind this answer ### Box v. California Date Growers Assn. (1976) 57 Cal.App.3d 266, pp. 270–271. The court kept the police report and its diagram out of the crash trial. It applied rules about what proof the court could use. Limit: This does not decide the use of every separate observation or witness account. Check the rules for the type of proof. Source: https://law.justia.com/cases/california/court-of-appeal/3d/57/266.html ## Sources - [CACI No. 400–401 — Negligence and the standard of care (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf) - [California Courts — Civil lawsuits](https://selfhelp.courts.ca.gov/civil-lawsuit) - [Box v. California Date Growers Assn. (1976) 57 Cal.App.3d 266](https://law.justia.com/cases/california/court-of-appeal/3d/57/266.html) - [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm) - [Code of Civil Procedure § 335.1 — Injury and death actions](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.) - [Vehicle Code § 20013 — Accident reports in evidence](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20013.) General information, not legal advice.