Disclaimer

This is general information, not legal advice. I am not a lawyer. Laws and procedures change. For legal advice about your specific situation, consult a licensed West Virginia attorney.

Detailed answer — step‑by‑step under West Virginia law

A police crash report that says you “failed to yield” is an officer’s finding based on the officer’s investigation at the scene. It can affect insurance claims and traffic tickets, but it is not the final word — you can challenge it. Below is a practical, step‑by‑step plan to dispute or mitigate a failed‑to‑yield finding in West Virginia.

1. Get a certified copy of the crash report and any related documents

Request the original crash report from the law enforcement agency that responded (municipal police, county sheriff, or West Virginia State Police). Also request any supplemental reports, dashcam or bodycam video, officer notes, and witness statements. Many agencies provide instructions on records requests on their websites (for state‑level inquiries, start at the West Virginia State Police: https://www.wvsp.gov).

2. Read the report carefully and identify the specific findings

Note the box or narrative that states “failed to yield.” Identify whether you were also issued a citation, and if so, whether it charged you with a traffic offense. The difference matters: disputing an administrative/insurance finding is different from challenging a criminal/traffic citation in court.

3. Preserve and gather independent evidence

Collect everything that can contradict or explain the officer’s conclusion:

• Photos of your vehicle damage and the scene taken immediately after the crash (or contemporaneous photos from witnesses).
• Videos from dashcams, traffic cameras, doorbell/security cameras, or nearby business cameras.
• Contact information and written statements from witnesses.
• Repair estimates, inspections, or an appraiser’s report showing impact location and force.
• Medical records showing injuries and timing, if relevant.
• Phone logs or GPS data showing your vehicle movement if applicable.

4. Ask the reporting agency for a correction or supplement

If the officer’s narrative contains clear factual errors (wrong direction of travel, wrong lane, mistaken identity, etc.), submit a written request to the agency’s records division asking that they consider a supplement or correction. Include copies of your supporting evidence, a clear explanation of the error, and your contact information. Keep written proof of your request and all responses.

5. If you were issued a citation, follow the citation instructions and prepare to contest it

Traffic citations in West Virginia typically include instructions on how to contest them (pay, plead not guilty, or appear in court). If you plead not guilty, you will have the opportunity to challenge the citation in magistrate court or other appropriate court. At trial you can introduce the evidence above, call witnesses, and cross‑examine the responding officer. West Virginia motor vehicle rules and right‑of‑way laws are in West Virginia Code Title 17C (see Title 17C for the statutes that define right‑of‑way and traffic rules): https://code.wvlegislature.gov/title/17c/.

6. Present an evidence package to your insurer

Even if the report lists you as failing to yield, insurers weigh evidence. Submit your photos, videos, witness statements, and any independent reports to your insurer and request that they reconsider their liability decision. If the insurer denies coverage or assigns fault contrary to your evidence, ask for a written explanation and follow their internal appeal process; consider mediation or appraisal if your policy allows.

7. Consider hiring an attorney or an accident reconstructionist

If the officer’s finding results in a ticket, a criminal charge, or a serious insurance/liability dispute, a lawyer can evaluate whether the report contains legal errors and represent you in court or settlement talks. For complex crashes, an accident reconstructionist can analyze vehicle damage, skid marks, and geometry to show whether a failed‑to‑yield conclusion is consistent with the physics of the crash.

8. Use the court process when necessary

If administrative requests and insurer appeals fail, the court system provides the formal process for resolving disputes. In traffic cases, you challenge the citation in the appropriate West Virginia magistrate or circuit court. In civil insurance or injury claims, you may file a lawsuit seeking a determination of fault or damages. Courts consider all admissible evidence — the police report is persuasive but not binding on judges or juries.

9. Keep timing and procedures in mind

Act promptly. Evidence fades, witnesses relocate, and video is often overwritten. If you were issued a citation, follow the response deadline on the ticket or you may incur fines or a warrant. Insurance companies also have prompt‑notice requirements in most policies.

10. If the report contains misconduct or gross errors, escalate

If you believe the investigating officer acted unprofessionally, intentionally omitted facts, or made material false statements, you can file an internal affairs complaint with the law enforcement agency. Keep in mind internal investigations have their own timelines and standards.

How courts and insurers treat police crash reports

Police reports are statements of an investigating officer and often record observations, statements from involved parties, and the officer’s opinion on probable cause. Under West Virginia practice, these reports can be strong evidence but do not bind a judge, jury, or insurer. Courts will weigh the officer’s training and on‑scene observations against physical evidence and witness testimony.

For statutory guidance on vehicle operation and right‑of‑way rules, see West Virginia Code Title 17C (Motor Vehicles): https://code.wvlegislature.gov/title/17c/.

Helpful hints

• Act immediately: collect photos/videos and contact witnesses while memories are fresh.
• Request the full police file (report, supplements, officer notes, and audio/video) — don’t rely on a single page of the report.
• Keep a written timeline of what happened and when you collected each piece of evidence.
• When speaking to your insurer or the police, stick to facts; avoid admitting fault verbally.
• If you plan to contest a citation, do not miss the plea/appearance deadline printed on the ticket.
• Consider a free consultation with a West Virginia traffic or personal injury attorney before major steps — many offer brief case reviews.
• Crash reconstruction can be costly but persuasive in disputed liability cases involving serious damage or injury.
• Ask the reporting agency how to properly request a correction, and send requests by certified mail or email so you have proof of submission.