An amicable report is a document that has a strong legal value. Once signed by the drivers involved, it definitively engages their responsibilities.
In the event of an error when drafting the joint report, no unilateral modification can be made after the signature insofar as it is considered that the drivers are informed and well aware, in fact, of the information they have shared. in this document.
It’s the front that counts!
Only the items of information provided on the front of the form are taken into account to determine the respective liability of the parties in application of a conventional scale. Hence the importance of the crosses that you will place on the document and of the drawing produced together.
Do not go too quickly to complete the report. Poorly completed, possibly due to stress, the report may lead to an erroneous interpretation of the facts likely to engage your liability unfairly.
It cannot legally be modified without the agreement of the opposing party.
Do not modify the front of the report!
Once the report has been signed and the two carbonless sheets have been detached, you cannot rectify the front of your copy yourself before sending it to the insurer. Jurisprudence has recognized the offense of forgery in private writing for a motorist who had modified an amicable report.
In case of error or omission, you have the back of the document to explain. But in the event of a contradiction between the two versions, only the joint declaration made on the front has proof value for the insurance companies.
Establish a new observation
If you notice an error, all you have to do is contact the third party who signed the report in order to cancel the initial declaration and establish a new one together. According to article 1134 of the Civil Code, the first report can only be revoked by the mutual consent of the signatories.
If the third party in good faith agrees, you will make sure to explicitly write on the new rectified report the words “cancel and replace”. You will thus avoid any possible litigation in the event that the first declaration has already been sent to the insurers.
In case of dispute
If the other driver refuses any modification, you will need to provide evidence to support your version of the circumstances of the accident. For example: a town planning certificate attesting to the presence of road signs (signs, etc.) on one of the axes where the accident occurred. Or, a check that can provide proof that the opposing driver has violated the rules of the Highway Code and that relieves you of responsibility.
Indeed, if the evidence is incomplete or deemed inadmissible, you may be wrongly held responsible for the accident. In this sense, the insurance company can retain your total or partial liability.