Car Accident but No Police Report?!?

Started by Danish, May 28, 2007, 02:57:53 PM

Danish

So last week, my mom is heading home from work and she gets into a car accident. She was traveling on the main road which has lots of intersections with small side residential streets. At one such intersection, some lady comes out from the side street and into my moms way and my mom ends up hitting her.

However, the lady had stop signs to obey, my mom had nothing (lights, stop signs, etc.) and so it was her fault for not yielding.

The twist on this whole thing was that the lady didn't have a driver's license. The car she was driving was her brother's car, he had insurance on it under his name.

My mom frantically called me, I came and called the cops (LAPD  :rage:).... who ended up not taking a police report, instead helping us exchange information. Despite the fact that the other driver openly admitted to not having a license and driving, the cop wouldn't cite her saying that because she physically didn't see the lady driving she can't give a citation.

WTF? Is this normal?
Quote from: Lebowski on December 17, 2008, 05:46:10 PM
No advice can be worse than Coug's, in any thread, ever.

TheIntrepid

That's fucked, dude. She shoulda gotten ticketed for not having a license, then and there.

2004 Chrysler Intrepid R/T Clone - Titanium Graphite [3.5L V6 - 250hp]
1996 BMW 325i Convertible - Brilliant Black [2.5L I6 - 189hp]

dazzleman

Quote from: TheIntrepid on May 28, 2007, 03:03:07 PM
That's fucked, dude. She shoulda gotten ticketed for not having a license, then and there.

I agree.  I don't understand these things sometimes.  I hope she doesn't have any trouble assigning blame to this woman, and that she doesn't develop an insurance problem because of it.
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

Danish

Quote from: dazzleman on May 28, 2007, 03:06:09 PM
I agree.  I don't understand these things sometimes.  I hope she doesn't have any trouble assigning blame to this woman, and that she doesn't develop an insurance problem because of it.

That was exactly what we were afraid of, but the insurance company waived the deductible even before we took the car to the body shop.... Still waiting back to hear the ultimate decision though
Quote from: Lebowski on December 17, 2008, 05:46:10 PM
No advice can be worse than Coug's, in any thread, ever.

Catman

A formal police report in MA is only required for damage amounting to $1000 or more or if there was an injury.   This is different in every state but I believe in CA police are only required to complete reports if there is personal injury. 

dazzleman

Quote from: Catman on May 28, 2007, 03:11:53 PM
A formal police report in MA is only required for damage amounting to $1000 or more or if there was an injury.? ?This is different in every state but I believe in CA police are only required to complete reports if there is personal injury.?

I still wonder why the police wouldn't cite her for driving with no license.  If they won't cite an unlicensed driver who has just caused an accident, what's the sense of requiring a driver's license?
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

Danish

Quote from: dazzleman on May 28, 2007, 03:59:28 PM
I still wonder why the police wouldn't cite her for driving with no license.  If they won't cite an unlicensed driver who has just caused an accident, what's the sense of requiring a driver's license?

+1

It's horseshit.
Quote from: Lebowski on December 17, 2008, 05:46:10 PM
No advice can be worse than Coug's, in any thread, ever.

Catman

Civil infractions require the violation to be in the officers presence.  How stringently this is followed depends on the state or even the local court.  We have one court here that throws out every citation which is written for a violation where the the officer was not present.  In this case she would have been cited, especially since she admitted driving.   But, our district court does not scrutinize it as much.  CA may be very strict in this regard.

dazzleman

Quote from: Catman on May 29, 2007, 07:02:14 PM
Civil infractions require the violation to be in the officers presence.? How stringently this is followed depends on the state or even the local court.? We have one court here that throws out every citation which is written for a violation where the the officer was not present.? In this case she would have been cited, especially since she admitted driving.? ?But, our district court does not scrutinize it as much.? CA may be very strict in this regard.

The accident itself should be evidence that SOMEBODY was driving, IMO.  I can understand that reasoning if it involves a possibly 'victimless' infraction like speeding where the infraction itself can't be verified, but if a person drives into another car, that should be sufficient evidence that an infraction was committed, IMO.

These courts seem to exist to protect the rights of those who violate the laws, and they forget that their primary function is to protect the public from these people.
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

Catman

Quote from: dazzleman on May 29, 2007, 07:46:21 PM
The accident itself should be evidence that SOMEBODY was driving, IMO.  I can understand that reasoning if it involves a possibly 'victimless' infraction like speeding where the infraction itself can't be verified, but if a person drives into another car, that should be sufficient evidence that an infraction was committed, IMO.

These courts seem to exist to protect the rights of those who violate the laws, and they forget that their primary function is to protect the public from these people.

Can't say I disagree.  Why do you think so many drunks try to run.

Lebowski

To me, it's insane that there wouldn't be a police report.  I can cite two instances personally (one happened to me, one to my brother, in both cases it was the other driver's) where the other party tried to weasel out of admitting it was their fault when it came time to settle things with the insurance Cos.

In my case, I was rear ended by a guy who appeared to be a complete loser/thug.  Damage wasn't that bad (dented rear bumper, ended up costing around $1,000 to get fixed).  He was relatively courteous however and assured me that if we simply exchanged information there was no need to call the police, and I really didn't want to wait for the cops to arrive.  I'm no sucker, however, so I did call the police and after 45 minutes of waiting they eventually showed up and wrote up a police report.  I was glad I did because, even with the police report, the guy and his mother first denied that the accident even took place, then stopped answering the phone when either of our insurance companies would call.  His insurance ended up paying, but if I didn't have that police report I would have been shit out of luck.

My brother was hit in a parking lot by a nice, harmless looking, courteous old man.  Couple thousand in damage. Old dude was very apologetic, admitted to my brother face to face that it was his fault, and assured him he'd pay for it if they simply exchanged info and didn't call the cops.  Unlike me, my brother is a sucker and went for it.  Long story short the old guy totally changed the story, and I believe the insurance cos split the cost 50/50 and my brother's insurance went up as a result.

S204STi


hounddog

Quote from: Catman on May 28, 2007, 03:11:53 PM
A formal police report in MA is only required for damage amounting to $1000 or more or if there was an injury.? ?This is different in every state but I believe in CA police are only required to complete reports if there is personal injury.?
Same in Michigan.
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

hounddog

Quote from: Lebowski on May 31, 2007, 10:41:13 AM
In my case, I was rear ended by a guy who appeared to be a complete loser/thug.? Damage wasn't that bad (dented rear bumper, ended up costing around $1,000 to get fixed).? He was relatively courteous however and assured me that if we simply exchanged information there was no need to call the police, and I really didn't want to wait for the cops to arrive.? I'm no sucker, however, so I did call the police and after 45 minutes of waiting they eventually showed up and wrote up a police report.? I was glad I did because, even with the police report, the guy and his mother first denied that the accident even took place, then stopped answering the phone when either of our insurance companies would call.? His insurance ended up paying, but if I didn't have that police report I would have been shit out of luck.

My brother was hit in a parking lot by a nice, harmless looking, courteous old man.? Couple thousand in damage. Old dude was very apologetic, admitted to my brother face to face that it was his fault, and assured him he'd pay for it if they simply exchanged info and didn't call the cops.? Unlike me, my brother is a sucker and went for it.? Long story short the old guy totally changed the story, and I believe the insurance cos split the cost 50/50 and my brother's insurance went up as a result.
In your first situation, you did the right thing.? In the second situation, had it happened in Michigan at least, almost every police department in the state does not handle private property accidents.? (notice I did not call them crashes as crashes occur on the roadway)? Instead, we have you exchange insurance information and leave.? It is a civil complaint, and the police have no jurisdiction over civil complaints.  I suspect many states are similar.
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

sparkplug

Quote from: Lebowski on May 31, 2007, 10:41:13 AM
To me, it's insane that there wouldn't be a police report.  I can cite two instances personally (one happened to me, one to my brother, in both cases it was the other driver's) where the other party tried to weasel out of admitting it was their fault when it came time to settle things with the insurance Cos.

In my case, I was rear ended by a guy who appeared to be a complete loser/thug.  Damage wasn't that bad (dented rear bumper, ended up costing around $1,000 to get fixed).  He was relatively courteous however and assured me that if we simply exchanged information there was no need to call the police, and I really didn't want to wait for the cops to arrive.  I'm no sucker, however, so I did call the police and after 45 minutes of waiting they eventually showed up and wrote up a police report.  I was glad I did because, even with the police report, the guy and his mother first denied that the accident even took place, then stopped answering the phone when either of our insurance companies would call.  His insurance ended up paying, but if I didn't have that police report I would have been shit out of luck.

My brother was hit in a parking lot by a nice, harmless looking, courteous old man.  Couple thousand in damage. Old dude was very apologetic, admitted to my brother face to face that it was his fault, and assured him he'd pay for it if they simply exchanged info and didn't call the cops.  Unlike me, my brother is a sucker and went for it.  Long story short the old guy totally changed the story, and I believe the insurance cos split the cost 50/50 and my brother's insurance went up as a result.


That old man would need dentures after I'm was through with him. No wait he probably already had dentures. I'd take his dentures away and his glasses until he paid up.

Raza

Well, on the plus side, you have her address. 

I have a shovel.

Think about it.
Quis custodiet ipsos custodes?
If you can read this, you're too close


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Quote from: the Teuton on October 05, 2009, 03:53:18 PMIt's impossible to argue with Raza. He wins. Period. End of discussion.

SaltyDog

I guess they have bigger things to worry about in LA.  Everyone was ok, I hope?


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Danish

Quote from: Raza  on June 06, 2007, 08:32:31 PM
Well, on the plus side, you have her address. 

I have a shovel.

Think about it.

They didn't try any funny business and insurance waived deductible as soon as they heard what had happened... car got repaired and all is well now.
Quote from: Lebowski on December 17, 2008, 05:46:10 PM
No advice can be worse than Coug's, in any thread, ever.