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What to do if police officer does not want to fill a police report for a car accident, claiming that other driver involved left?

Our car was hit by yellow cab driver, who started to do left turn and then changed his mind when my husband was driving straight. (this car was in front of our, cleared the way and then made this "left-right" maneuver) The driver gave us his info after a long argument and left. The police came only after 3 hours (three calls to 911 and to 311) and refused to give us a police report, claiming that if other driver left giving his info, they don't have to do it, we have to file it ourselves. We called a lawyer (our friend) while police was at the scene, but policemen refused to talk to him. What are our steps now? First we file an accident report, but how can we make the insurance of driver at fault to pay for a damage. Our lawyer is very skeptical of this claim, because the police action.

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Attorney answers (3)

Reputation Level 12
You certainly have a bit of a problem, and one that may not easily be solved. Are there injuries? If there are injuries, the police should take the report. Did you tell the police there were injuries? Since no report has yet been made, you need to press the police to do a report within 24 hours of the accident, or they'll usually refuse to make a report after that point.

The police don't like to be pawns in a game of civil litigation, and if they smell someone trying to make out a lawsuit, they'll resist. There may be nothing you can do but pursue the action in the absence of a police report. Notify your insurance company. File an MV-104 with the NYS DMV. And establish a claim with the other vehicle's carrier. This is what your lawyer should be doing.

Reputation Level 8
If your have the information on the cab, simply go to the precinct nearest where the accident happened and file a report as well as with your own insurance carrier. If your lawyer is "skeptical" of your claim then you may need to find another lawyer. Lastly you can also report the incident to the Taxi and Limousine Commision.

Reputation Level 13
Get the report anyway. You may be able to file
An uninsured motorist claim with your own
Insurance company

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