[killerkali]

So back in august I was rear ended at a stopsign. Driver was uninsured and was driving her brothers car, registration had expired 1 month ago. Sherrif on scene insisted to me that she's doing her job correctly, as I argued she needs to be impounded and issued a ticket. In the end the female officer acted like I was assaulting her intelligence and said she knows how to do her job. Driver drove home scotch free. I know I waited too long, but I really hope she was issued at least a ticket for this. If not is there anything I can do? My brother is saying sue the pd for negligiance...? I really want her to pay and learn a lesson, advice?

 

[average///m]

I'd let it go ... :/

Usually police have the discretion to issue a ticket for something. If she took an accident report it depends on the policy of the agency... Some require you issue a ticket for no proof of insurance upon completing your report. Or, you can cite them out at the scene for (In California) 16028(c)V.C.

As for the reg, 1 month is expired yes, but most cops I know do not write that since the DMV is ....blah blah blah in Cali. Its a good PC for a stop though (remember: Officers discretion to issue a ticket...) usually department policy does not REQUIRE to you write every INFRACTION you see. (Letter of the Law vs. Spirit of the Law)

Usually if you come off telling an officer "what to do" they take offense. No offense to you, but L.E. officers have ego, and are used to doing what THEY do, and HOW THEY do it, not being told by someone WHAT TO DO. Even other cops annoy them when they are managing "their scene".

Good luck man, sorry to hear about your accident. Seriously though, That's why i now insure for UNINSURED motorists

I don't know the policies of the agency involved but if she's uninsured in California we can't just impound the car. Unlicensed yes....As for reg, it takes 6 months of expired Reg to tow the vehicle for 22651(o)V.C.-Expired reg, over 6 months.


P.S.-She's at fault for a collision, and probably will be issued a cite for her No insurance. So consider her getting a ticket which will be $700-1200 from court (in California), and also being at fault at an accident with the DMV.

 

[SSD D-4]

Kinda hard to believe the officer would let the other driver go "scotch free" without some sort of citation. Did you at least exchange drivers license information and registration, even though the registration is out of date?

 

[pcdlab]

Based on the accidents I've been directly or indirectly involved in... unless there's bloody death or dismemberment... they generally don't write tickets for accidents they haven't personally witnessed. I'm assuming this is because of the added paperwork to not only issue the ticket but also to substantiate it in court. You can however ask the officer for their card to make sure they get the story straight and to get a copy of the police report after they file it which every insurance company I've ever dealt with will use to go after the driver who was at fault.