In personal injury cases, key evidence often comes in the form of medical records, police reports, and other business documents. But since these records contain statements made outside of court, they technically fall under the legal definition of hearsay—which is generally not admissible as evidence. Fortunately, the business records exception allows these types of documents to be introduced in court, as long as they meet certain reliability criteria.
This exception can play an extremely role in proving both liability and damages. Without it, accident victims would have a much harder time using medical records to establish the extent of their injuries or relying on police reports to support their claims. Below, we’ll explore how this exception works and how it applies to two of the most important types of evidence in personal injury cases: collision reports and medical records.
What Is the Business Records Exception?
The law recognizes that some out-of-court statements are more reliable than others, particularly those made as part of a routine business process. That’s why courts allow records created in the regular course of business to be admitted as evidence, even if they contain hearsay. To qualify under this exception, the record must have been:
Made at or near the time of the recorded event,
Created by someone with personal knowledge (or based on information from someone with knowledge),
Maintained as part of a business’s regular record-keeping practices, and
Considered trustworthy based on how it was prepared and kept.
Medical records, hospital charts, and police reports are prime examples of documents that typically meet these requirements—provided the right foundation is established in court.
Police Collision Reports
In car accident cases, police reports are often a key piece of evidence. However, not everything in a report is automatically admissible under the business records exception.
The factual observations of the responding officer—such as the position of the vehicles, damage to the cars, or weather conditions—are usually admissible. These details are recorded as part of the officer’s routine duties and qualify as business records.
However, witness statements included in the report do not fall under the business records exception because they come from third parties, not the officer. These statements might still be admitted if they qualify under a different hearsay exception, such as excited utterance (for statements made in the heat of the moment).
Additionally, an officer’s opinions about fault—such as who caused the accident—are not admissible. Courts generally exclude these conclusions because police officers are not considered expert witnesses in accident reconstruction unless they have specialized training.
Medical Records
Medical records are one of the most essential forms of evidence in a personal injury case, helping establish the severity of injuries and the necessity of treatment. Because hospitals and doctors’ offices keep these records in the normal course of business, they nearly always qualify under the business records exception.
However, some parts of a medical record may not be automatically admissible. For example, if a doctor notes that a patient reported being rear-ended, that statement was made by the patient, not the doctor. Since it reflects an out-of-court statement by someone else, it does not qualify under the business records exception. Instead, it might need to be admitted under the statement for medical diagnosis exception, which allows certain statements made for the purpose of medical treatment to be considered reliable.
Why This Matters in Personal Injury Cases
The business records exception is a powerful tool in personal injury litigation. It ensures that critical documents—like medical records and police reports—can be used to prove an injury claim. However, not all parts of these records are automatically admissible, and attorneys must lay the proper foundation to ensure they meet the legal requirements.
Understanding how this exception works can help accident victims know what to expect when their case goes to court. If you’ve been injured and are pursuing a claim, an experienced attorney can help navigate the complexities of hearsay exceptions to make sure the right evidence is presented effectively.
CONTACT PHILLIPS & ASSOCIATES TODAY
If you or a loved one has been injured in an auto accident, contact Phillips & Associates at (818) 348-9515 for a free consultation today. You will immediately be put in touch with John Phillips or Patrick DiFilippo, who can help determine whether you have a case and advise you on the best course of action moving forward.
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