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My car was totaled when it was hit head-on by a drunk driver. But there is no incident report?

Lake Orion, MI |

My car was totaled when it was hit head-on by a drunk driver. The police took away the woman and there was no incident number given to my boyfriend driving the car or the towing company. Now, over a week later, they are saying no incident report was filed. I called both the claims office and sub-office for my county. What are my next steps of action in finding the incident report, if there was one written?

Attorney Answers 9


  1. Drive to and go inside the local law enfrorcement agency and figure this out. There has to be a record. You should also contact the prosecutor's office int he jurisdicition where this collision occured to figure out if charges were brought against the drunk driver.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. Would suggest that you call your carrier and file the claim with the information you have including your efforts to locate a police incident report.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  3. You should immediately file a claim with your insurance carrier. They will also seek to obtain the report on their own. Although the insurance company will ask for the report number, there is no requirement to have a police report filed in order to file a claim.

    That being said, if the police department is telling you that there was no incident report created on a car accident that totaled your vehicle and the other driver was arrested for OWI, I would go directly to the chief of police and demand an answer. If you then get no where, and your insurance company is unable to locate a report, contact a lawyer for help. It would appear to me that something fishy is going on (like the other driver was a police officer, mayor, or other public figure) . However, it is also possible that the report just isn't ready yet. Asking for clarification may solve your issue so ask if there was a report written and if so, when it would be available. Good luck!

    The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.


  4. There should be a UD-10 crash report filed at the police department. However, because this is an OWI investigation, they normally will not release that full police report while the criminal case is pending. But the UD-10 will be available. I see this all the time. Your insurance carrier will get the crash report for you. They get them all the time. Otherwise, go the police agency's web site, there should be a link that will allow you to down load it for $3.00. Good Luck!


  5. File a claim with your insurance carrier.


  6. Report it to your insurance company to resolve


  7. If you were injured, in addition to reporting this to your insurance company, immediately consult with an experienced personal injury attorney.


  8. Report this to your insurance company and ask the police for the name of the drunk driver's insurance company. Your insurance company will also be interested in getting a copy of the police report.


  9. If a drunk driver hit your boyfriends car there must be a police report generated. Depending on the City police reports are available immediately or sometimes it takes several weeks. Additionally, some police departments will not release the UD-10 without a FOIA request. Finally, if there is a criminal proceeding associated with the accident further delay in the release sometimes occurs. Your boyfriends insurance company should be notified. If any injuries occurred see a personal injury attorney in Michigan as soon as possible. Here is an interesting link regarding suing drunk drivers who cause injury accidents for your review. http://www.schnitzerlaw.net/blog/?p=944
    Bret

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net

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