People are told the same thing at the scene: get the police report, it will show who was at fault.
Before a lawsuit, that is roughly true. After one is filed, it is often not. And sometimes the report is simply wrong.
I had a simple rear-end case where the at-fault driver handed the officer an insurance card instead of his licence, for a car that was not his. The officer wrote down the name on the card. The insurance company then denied the claim because the man in the report was not there. We had to sue and take depositions before anyone figured out what had happened. The details matter, and a report is only as good as what the officer was handed.
Why the report usually stays out
A crash report is a document written after the fact that records what other people said and what the officer concluded. When it is offered to prove those things are true, it is hearsay, and Utah Rule of Evidence 802 excludes hearsay unless an exception applies.
The public records exception in Rule 803(8) does not rescue it the way people assume. A crash report bundles several layers together — the drivers' statements, witness statements, and the officer's own conclusions — and each layer needs its own route in.
Three problems in particular:
- The fault determination is opinion. In most crashes the officer did not see the collision. Their conclusion about who caused it is an opinion formed afterwards, and courts routinely exclude it.
- Statements quoted in the report are double hearsay. "Driver 2 stated he did not see the light change" is the officer repeating what someone else said. Both the repeating and the saying need an exception.
- A motion to exclude the report is commonly granted. Plan a case as though the report will not be in front of the jury.
Why it still matters before a lawsuit
None of that applies during the claim. There is no rules-of-evidence gate on an adjuster. Insurers cite the report freely, and many base their liability decision on it.
So the report is operationally important and evidentially weak. A favourable report helps get a claim paid without filing suit. An unfavourable one is not the end of the case, because it may never be admitted.
That asymmetry is worth understanding, because an adjuster will use a bad report against you as if it were a verdict.
What actually proves the case
The officer, in person. The officer can testify to what they personally observed — vehicle positions, skid marks, debris, lighting, road conditions. That is not hearsay. It is a witness describing what they saw.
The other driver's own words. A statement by the opposing party is not hearsay when offered against them — Rule 801(d)(2). "I was looking at my phone," said at the scene, can come in through anyone who heard it. A statement against the speaker's own interest may also come in under Rule 804(b)(3) when they are unavailable.
Photographs. Anyone who took them — including you — can lay the foundation. Photograph vehicle positions before they are moved, the damage, the road, and the traffic control.
Business records. Repair estimates, tow records, body shop invoices and vehicle history reports are admissible under Rule 803(6). They also happen to be the documents that prove what the crash cost.
Written admissions. Text messages and voicemails from the other driver are preserved in a form a court can use. Screenshot them and keep the originals.
The two numbers people confuse
A Utah crash generates two different identifiers, and adjusters ask for both.
- The case number belongs to the police report. Utah's official crash report is the DI-9, and it can be requested from the Utah Department of Public Safety or the responding agency.
- The claim number belongs to the insurance company.
Giving one when asked for the other is one of the most common reasons a file stalls in the first week.
What to do at the scene instead
Treat the report as a starting point, not the case.
- Photograph everything before the vehicles move, if it is safe.
- Get names and phone numbers for every witness directly. Do not rely on them appearing in the report.
- Write down anything the other driver says about what happened, as close to the moment as you can, with the time.
- Keep the vehicle available for inspection before it is repaired or salvaged.
- Note the officer's name and agency. The officer is a potential witness, not a document.
If the report went against you
Do not assume the claim is over. Find out what the officer actually witnessed as opposed to what they were told, whether any statement was taken from you while you were injured, and what the physical evidence shows.
A statement taken from an injured person within 15 days of the occurrence, or while hospitalised, is itself limited by Utah Code § 78B-5-813 unless a verbatim copy was left with that person at the time.
The deadlines
- Personal injury — four years. Utah Code § 78B-2-307.
- Wrongful death — two years. § 78B-2-304.
- Vehicle property damage — three years. § 78B-2-305, covering diminished value, total loss and repair.
A police report does not pause any of them. If a report went against you, or got the facts wrong, call (801) 685-1000 before you accept an adjuster's version of it.