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AttyHeather
AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 546
Experience:  15 years law practice experience
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A drunk driver wrecked into my property..he in jail cause he

Customer Question

A drunk driver wrecked into my property..he in jail cause he tried to do himself in.i found pieces of the wreck all over my property so I called highway patrol and asked them if any reports came in ..they said no but they would call if any reports came in.aThere is dsmage I just don't know how much cause it was dark when I found mess..that was 8 days ago ..I found out about the accident through my own investigating. .The police didn't even leave a note..Are they aloud not to tell me..I'm worried about delivery truck might drive down in there plus I need to get down the drive to get my disabled father out of house..It was even in the paper about the driver but just stated he was in an accident didn't give my name or adress
Submitted: 7 months ago.
Category: Legal
Expert:  N Cal Attorney replied 7 months ago.
I am sorry to hear this. Do you have homeowner's insurance?
Customer: replied 7 months ago.
Yes but I don't wanna use it .they will just have to fight other company..I'm calling adjustor on Monday that the drunk driver has
Expert:  N Cal Attorney replied 7 months ago.
Do you have a specific question?
Customer: replied 7 months ago.
Is it legal for the police not to notify me that there was an accident on my property? I called them two days after incident (wich I did not know of at that point) and they took my information and told me that they would let me know if anything was reported. .They might have knocked on door? But would have got no response from my disabled father .They left no note or anything on door..
Expert:  N Cal Attorney replied 7 months ago.
I will opt out and see if an Ohio Expert can answer this.
Expert:  AttyHeather replied 7 months ago.
Hi, My name is*****'m an attorney with 15 years vigorous courtroom practice experience, and I would like to assist you in answering your question. My response is for information and education, and not as legal advice and we do not form an attorney/client relationship. You are asking if it is "legal for the police not to notify" you of the accident on your property. What you are asking is if the police have an AFFIRMATIVE DUTY to tell you that the accident occurred. Although most of the time the police probably just do notify people of accidents on their property, I have never heard of the police actually having a duty to do that. Your question hints on the area of the law called negligence: were the police negligent in not telling me that there was an accident on my property. Police officers can be sued for negligence. There are four basic elements of a negligence action. In a negligence action, you would have to prove that a police officer acting reasonably would notify a home owner of the accident. This is especially true if the accident created a situation in which someone might be injured or die as a result of a condition that was not apparent, but which the police officer knew about. I do not think that there are going to be any laws that specifically attribute this duty/responsibility to a police officer. There are many things that it would be nice for officers to do, but the reality of it is that sometimes they do not have the manpower to do it all.I hope that this information is useful and that you will respond to me and let me know. Please also issue me a positive feedback rating so that I can get credited for this answer.Best,Heather S, AttorneyA duty owed- All persons generally have a duty to act with reasonable care toward those they come into contact with.A breach of the duty-A person breaches their duty when they fail to exercise reasonable care.Causation- The breach of duty must be the cause in-fact and the proximate cause of the plaintiff’s injury.Damages-The plaintiff must suffer some damages as a result of the breach of duty.

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