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Can I sue the police department for negligence?

Brooklyn, NY |

They lost or never entered my police report. therefore, I'm unable to obtain the report # or a copy to give to the insurance company to compensate for my bills, lost wages, and pain and suffering (long term). I have to use a household members vehicle for benefits?

Attorney Answers 5

  1. Your problem here isn't with the police department, it's with the insurance company.

    As to the police department, there isn't generally a right to have a police report filed just because it would be convenient. Nor can you generally sue them for this sort of thing.

    But if the insurance company can't refuse to pay simply because there's no police report. You are required to prove your claim. No question about that. And a police report can be *helpful* in doing that, but it is not required. Any adjuster that tells you otherwise is full of crap.

    Sounds like your adjuster is giving you the runaround. Time to hire a lawyer and let them handle this for you.

    This answer does not constitute legal advice and does not establish an attorney-client relationship.

  2. I agree with Mr. Davidson. You need to hire a local attorney to represent you in your case. The insurance company will most likely respond more favorably if you retain local counsel.

  3. You must file for no fault benefits within 30 days of the accident or you could be denied coverage. File with the insurance company for the vehicle you were in. If you were a pedestrian, file with the insurance company of the vehicle that struck you. If you were a pedestrian and it was a hit and run or the other vehicle was uninsured, file with the insurance company of a vehicle in your household. If there are no vehicles in your household, you can file with the Motor Vehicle Accident Indemnification Corp. (MVAIC)

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  4. Mr. Davidson's comments are on point. You can not sue the NYPD for failing to file a police report .

    It sounds as though you are unable to identify the other vehicle involved in the accident. If you didn't get any information at the scene or it was a hit and run situation, that could create a problem for your injury claim but it certainly doesn't prevent you from bringing a claim. You have two options: (1) to investigate further into the identity of the other vehicle by perhaps hiring an investigator (preferably a former cop) to reach out to the responding officer and see if they made any notations in their memo pad re: the accident; or (2) bring an uninsured motorist claim against your own insurance carrier, who will step in the shoes of the defendant. Before you can bring a UM claim you must prove that there was some type of contact with an unidentified/uninsured vehicle and that the accident was reported to the authorities. While it is not perfect that you don't have a police report, you should be able to satisfy this second requirement if the police responded to the scene of your accident.

    Regardless you must hire a local personal injury attorney as soon as possible to protect your rights. Many firms, including mine, offer free consultations to accident victims. Good luck!

    If the other

    The aforementioned opinion does not constitute legal advice and is for general informational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

  5. The simple answer is No. They have no specific obligation to you. Notwithstanding this fact, you have the right to re-file your own report with the Department of Motor Vehicles and you can also go to the precinct where the accident occurred.

    The underlying facts for each situation are unique. Any responses given are for informational purposes only and are not designed or intended as professional legal advice, since any suggestions may not apply to your specific circumstance. This information exchange does not create an attorney-client relationship of any kind. Should you determine that you need immediate legal assistance or action , you should contact your local Bar Association for a referral to an attorney in your area.

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