I park my car overnight in the street in front of my building in NYC. About 10 days ago, I went down to move my car for street cleaning purposes and found the car to have been hit and damaged on the rear left side (door, panel and bumper) with the right wheel having been pushed onto the side walk as a result of the hit. On the windshield I found a city comptroller claim form partially filled out by the driver of a city sanitation truck saying that he hit the car that morning and telling me to file the claim form. He left his garage phone number, truck number, and the time of the incident. I called 911 and a police car came over and I asked for a report. They read the other driver's message on the claim form and I told them my part of the facts. When they were done, the police told me that they were able to connect with the driver's garage using that phone number.
I picked up the report a few days ago. The report puts me at the scene of the accident when the accident took place, obviously an outright falsehood. It says that I had the car parked unattended and returned at the time of the accident and found the damage and the form on the windshield which gave me the contact number for the other driver. It appears from the report that when the police called the other driver's garage they only obtained the plate number of the truck which is the only information they wrote on the report regarding the other vehicle and driver. They left all other info blank. ie. name, address, registration, etc...
Meanwhile they filled my name as the driver of the vehicle, while I was nowhere around the car at the time of the accident. The only info they had to fill about me was the vehicle info. I was not driving. Upon doing some research, I was able to conclude that the other driver had a legal obligation (misdemeanor) not to leave the scene but to make sure he calls the police because the damage on the car was visibly worth more a $1000. Having left the scene, now the police, when they called that number, became obligated to get the other driver's info to enter in the report, which they did not do. Now they place me on the report as the only known driver, while I was not driving. For the last three days I have received several phone calls from attorneys, apparently who had access to this report somewhere, asking to represent me assuming I was injured in the accident. In other words, they deduce clearly from the report that I was inside the vehicle at the time of the accident. I have written a certified letter to the officer putting the facts up straight again and pointing out his shortcomings in the report, and asked him to amend the report to reflect the truth. I have a feeling that the police will ignore my letter.
I need to know if there is any way I can legally compel the police to amend the report, and whether I have some other recourse elsewhere. If the state does not provide a legal vehicle to correct the report, can the state be sued? There will be damage caused by the falsehood in the report, mainly the time I will have to spend bearing the burden to prove what actually happened either to my insurance company, or to the city comptroller office. The falsehood in the report shift the burden to me to prove otherwise. There must be a way to go about it. I read on some lawyer's website upstate that if a person does not succeed in correcting the facts by asking the police to amend the report, he would take care of it. I contacted that lawyer but he was not interested in helping because there was no personal injury in my case. I would appreciate all input. Thank you all.