Eric, that is the correct way to write the report if blame can only be placed on one driver. That being said, I have seen reports written, especially by new officers, that have the driver at fault as V. 1 and the faultless driver as V. 2. In theory, and based on what I have been taught, the driver in error should always be V. 2 on the report.
The best way to read the accident report is not by the narrative alone, always check to see what the officer entered as 'Contributing Circumstances'. On the uniform accident report that all LEO's use in NJ, these entries are made by placing the correct corresponding code in two of the boxes that run down the side of the report. That is why you should always ask for a cover sheet, which explains each of the codes in the boxes, when you pick up a completed accident report. From what I understand, the insurance companies typically use the codes that the officer entered as the contributing circumstances to judge who is at fault.
Not too long ago, maybe about 7 years past, we were taught that the accident report is just that, a simple report. That's not the case anymore. Every accident is now considered an investigation and we are REQUIRED to place blame on one ( or both if it's the case) for every collision we investigate. If we can determine fault, we MUST list the fault in the narrative of the report as well as in the appropiate contributing circumstances boxes. Obviously, some accidents are not driver error, such as collisons with deer/bear/domestic animals. These should list under the contributing circumstances 'Animals Actions' as the cause of the accident.
Typically, in the narrative of the report you will see 'Driver of V. 1 stated/ Driver of V. 2 stated". This means zero to the insurance co. s. A complete accident report ( in NJ) that places blame on either or both drivers will have included in the narrative " Police investigation at the scene determined the cause of the accident to be ... . ". If one of the drivers were at fault or both, the narrative should clearly indicate what, in the officers opinion, caused the accident.
The key word being opinion. If the cop is new or not skilled at writting accident reports, the report maybe in error. You still have recourse though. You can ( again here in NJ) go to a local PD and complete a 'late accident report', in which you write the same report as the officer, but list the way you believe the accident occurred. This form is then forwarded to the State. Honestly, I don't think it holds much water though. Basically, you are held to the opinion of the officers report.
Fortunately, most cops do their best to complete the report correctly, in my experience. Personally, I issue a summons to the driver at fault, as long as I know that I can convey my opinion with facts while in a courtroom setting. This makes it a no brainer for the insurance co. 's and greatly helps the driver that was not at fault. Sorry for the long post
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Scott W.
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