Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Sep 2019
    Posts
    4

    Default Can I Sue the Police

    My question involves an injury that occurred in the state of: New Hampshire.
    Long story short my son was backed into by a truck earlier this month they left the scene I called the police they showed up I wrote a statement and everything my son later was in the hospital complaining of pain and has had a few visits since I reached out to the officer never heard back I went to the police department today and found out that the officer did not fill out a MVA or anything and in his dispatch report he said no crime was committed and no charges were filed when my son was injured and I told the officer that I wanted to press charges against the person that hit my son

  2. #2
    Join Date
    Oct 2016
    Posts
    3,674

    Default Re: Can I Sue the Police

    No, you can't.

  3. #3
    Join Date
    Sep 2019
    Posts
    4

    Default Re: Can I Sue the Police

    Quote Quoting PayrolGuy
    View Post
    No, you can't.
    Even if the supervising officer said there should have been a report done and that he did not do his job?

  4. #4
    Join Date
    Oct 2014
    Posts
    7,732

    Default Re: Can I Sue the Police

    Quote Quoting Mtmom
    View Post
    My question involves an injury that occurred in the state of: New Hampshire.
    Long story short my son was backed into by a truck earlier this month they left the scene I called the police they showed up I wrote a statement and everything my son later was in the hospital complaining of pain and has had a few visits since I reached out to the officer never heard back I went to the police department today and found out that the officer did not fill out a MVA or anything and in his dispatch report he said no crime was committed and no charges were filed when my son was injured and I told the officer that I wanted to press charges against the person that hit my son
    You cannot sue the police to force them to write up a report or to refer the matter to the prosecutor. Neither you nor your son may "press charges". That decision lies with the prosecutor. What you can do is what you already did: report the matter to the police. You may also contact the district attorney's office (the prosecutor) about it if you wish. But in the end it is up to the prosecutor whether any charges are filed.

    What you can do, if your son is a minor, or what your son can do if he's an adult, is consult a personal injury lawyer about suing the driver.


    Quote Quoting Mtmom
    View Post
    Even if the supervising officer said there should have been a report done and that he did not do his job?
    In that case the supervising officer may direct his/her subordinate to write up a report and/or take appropriate disciplinary action against him. But you cannot sue to force the police to take any action against him or compel him to write a report.

    Note that a police report is not the big deal that a lot people seem to make them out to be. The report is simply an accounting to the police department of what the officer did. The police report is not evidence that is admissible in court anyway. It's not needed for you to sue. In short, that report doesn't have much impact other than some insurance adjusters will rely on them to help determine fault when the report is available. But even then, the insurance company makes its own determination of fault based on all the facts it has. Insurance companies do not just go by what the police report says.

  5. #5
    Join Date
    Sep 2019
    Posts
    4

    Default Re: Can I Sue the Police

    I just feel the officer need to be held accountable and same with the driver it is all on camera I have the license plate number and the store where it occurred has video. My son is a minor and I can't get any information on the driver so they can pay my son's medical bills since his insurance won't cover it cause it was a MVA.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,260

    Default Re: Can I Sue the Police

    That's what YOUR insurance company is for.

  7. #7
    Join Date
    Sep 2019
    Posts
    4

    Default Re: Can I Sue the Police

    Quote Quoting cbg
    View Post
    That's what YOUR insurance company is for.
    We were walking in a parking lot our health insurance is refusing to pay if I would have been in my car I would let my car insurance deal with it but I can't claim it on my auto insurance because we were not in a vehicle

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,538

    Default Re: Can I Sue the Police

    Quote Quoting Mtmom
    View Post
    I just feel the officer need to be held accountable and same with the driver it is all on camera I have the license plate number and the store where it occurred has video. My son is a minor and I can't get any information on the driver so they can pay my son's medical bills since his insurance won't cover it cause it was a MVA.
    The officer is not responsible for the collision and as others have stated, he cannot be sued because he did not take a report. As mentioned, you can ask to speak to a supervisor at the agency and see if they can direct the officer to write a report (which would do little more than collect information if he obtained it to begin with) or make a complaint against the responding officer for not doing what you believe was his job. Also as mentioned by others, the police report is not proof of anything. Generally, a police report in a collision is merely the collection of information for insurance companies. The odds of any kind of criminal prosecution in such collisions is rare absent some form of recklessness. A citation for a traffic offense, perhaps, but charges in a criminal court are not likely.

    I am unfamiliar with how it might work in PA, but if you can find out from the license plate who owns the vehicle, you may then have someone you can take to Small Claims court or sue in a superior court (provided the damages are great enough).
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Jan 2016
    Posts
    435

    Default Re: Can I Sue the Police

    Quote Quoting Mtmom
    View Post
    We were walking in a parking lot our health insurance is refusing to pay if I would have been in my car I would let my car insurance deal with it but I can't claim it on my auto insurance because we were not in a vehicle
    Why is your health insurance refusing to pay? Are they asking you to fill out a 3rd Party Liability form? If so, have you done it?

  10. #10
    Join Date
    Jul 2018
    Posts
    2,075

    Default Re: Can I Sue the Police

    In any future posts, please make an effort to use something that resembles normal capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.


    Quote Quoting Mtmom
    View Post
    I reached out to the officer never heard back
    Reached out to the officer about what?


    Quote Quoting Mtmom
    View Post
    I told the officer that I wanted to press charges against the person that hit my son
    First of all, against whom do you want to have charges pressed? The driver who backed into your son's car and then left the scene? Do you know who the driver is? If not, how do you suppose charges might be pressed against him/her? Second, only the local prosecutor can press charges.


    As for the question in the subject header of your post, anyone can sue anyone for anything, but nothing in your post supports any basis for a lawsuit against the police.


    Quote Quoting Mtmom
    View Post
    Even if the supervising officer said there should have been a report done and that he did not do his job?
    Quote Quoting Mtmom
    View Post
    I just feel the officer need to be held accountable
    That's between the officer and his employer. Your son is free to complain to the officer's supervisor and ask that he be disciplined.


    Quote Quoting Mtmom
    View Post
    and same with the driver it is all on camera I have the license plate number and the store where it occurred has video.
    Great, then file a lawsuit against the driver.


    Quote Quoting Mtmom
    View Post
    We were walking in a parking lot our health insurance is refusing to pay
    Why is your insurer refusing to pay?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Police Conduct: Is it Police Harassment for the Police to Repeatedly Follow You or Wait for You
    By Stormyeyes in forum Police Investigations
    Replies: 9
    Last Post: 11-30-2018, 08:08 AM
  2. Criminal Investigations: Can Police Omit Relevant Evidence from Their Police Reports
    By zags4champs in forum Police Investigations
    Replies: 3
    Last Post: 11-26-2018, 04:48 PM
  3. Police Conduct: Can You Sue a Police Officer Over a False Statement in a Police Report
    By Darryl mathews in forum Police Investigations
    Replies: 2
    Last Post: 11-06-2016, 06:06 AM
  4. Trials: Police Providing Falsified Police Reports in Florida
    By tj51 in forum Criminal Procedure
    Replies: 7
    Last Post: 03-21-2015, 08:11 PM
  5. Stolen Property: Vehicle Purchased at Police Auction then Seized by Police
    By Terrence Lo in forum Criminal Charges
    Replies: 1
    Last Post: 04-13-2012, 01:43 PM
 
 
Sponsored Links

Legal Help, Information and Resources