Lying on an accident report...

[Scruit]

If you take an accident report from a driver and then later get proof (ie video footage) that the driver was lying (not just mistaken etc, I mean flat out lying) then is there some offense that they can be charged with, ie failing a false report, or even unsworn falsifcation?

example: unit 1 pulls rearends unit 2 at a red light. Unit 1 claims that unit 2 swerved into his lane at the last moment. Unit 2 provides you with video footage from a gas station security camera adjacent to the accident side that shows that unit 2 was waiting at the light for 10 seconds before beign rearended. It is obvious that unit 1 made up a false story to try to evade responsibility for the accident.

[Cobra]

First thing that I can think of is getting false information.

[Jynkxxie]

If you take an accident report from a driver and then later get proof (ie video footage) that the driver was lying (not just mistaken etc, I mean flat out lying) then is there some offense that they can be charged with, ie failing a false report, or even unsworn falsifcation?

example: unit 1 pulls rearends unit 2 at a red light. Unit 1 claims that unit 2 swerved into his lane at the last moment. Unit 2 provides you with video footage from a gas station security camera adjacent to the accident side that shows that unit 2 was waiting at the light for 10 seconds before beign rearended. It is obvious that unit 1 made up a false story to try to evade responsibility for the accident.

In Michigan, filing a false police report is a Felony for both Misdemeanors and Felony crimes.

[coucousis]

I don't know about in your area.... but down here an officer would have to prove a Mans Rea ... Meaning a criminal intent when giving the false informations. In the case you mentionned .... I think we could probably demonstrate a clear intent but I doubt any offcier would go trough that much problem to build a file...

It would probably all be thrown in the yard of the Insurance company investigator. It is very difficult to prove without a doubt a criminal intention behind a false statement. The accused can always back track and state that he must have seen it wrong and get out of any criminal accusation this way.

To me filing a false police report and be charge criminally speaking is when someone is clearly stating thing that did not happen and we can prove that he did it with a malicious purpose.

[greenlead]

Anytime a citizen signs one of our reports, there is a reminder that the penalty of perjury applies.

[coucousis]

In my area accident reports are only for statistic purpose.... the parties involved don't get to sign anything!!!!

[Joeyd6]

In NY we (patrol) would refer such to teh departmenst auto crime unit and state insurance department fraud unit. That is one of their specialities......but not much happens unless they can prove a case. Prior posts explain what that entails very well. No need to rehas it. I think it would also depend on the result of the accident....such as injuries, property damage dollar amounts, etc...

[Tankus]

over here they would be charged with either
1.wilfully mislead police
2.false report

if they maintained their story and the whole thing went to court then they would be looking at a perjury charge....