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Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp. with Traffic Law issues
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A police officer created a false accident report.
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Customer Question

A police officer created a false accident report.
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Spoke to an injury lawyer and he recommends that we try to have him correct the report on good faith
JA: Please give me a bit more information, so we can help you best.
Customer: My mother had a car accident where someone rear ended her on the freeway and sent her down an embankment. She totaled her car and sustained severe injury to her head and mouth. She barely speak english and because of the injuries could barely explain to the officer what happened, but he claimed that she stated that she veered off of the road on her own and also omitted the fact that there was rear damage to the vehicle, which we have photos of!!
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: Just wondering what we can do about this. This will impact her insurance claim, her insurance rates and her driving record and is unjust.
JA: OK. The Criminal Lawyer will need to help you with this. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for the information and your question and I am sorry to read about your mother's accident. I hope she is improving. Your mother has the right to hire a traffic law attorney to fight the ticket. If the facts support the statement you have made about them, it should be fairly easy for her attorney to get the ticket dismissed. That often changes the determination of liability for the insurance company. However, they are no bound, one way or the other, by whether the police issued a citation. They conduct their own investigation and interview all parties, while also looking at the damage to the vehicle to come to a liability decision.

So she, or her attorney, can contact the insurance company to insure they know all of the facts and have access to the vehicle, etc., and let them know they will be disputing the ticket. If the insurance company ultimately makes a liability decision against her anyway, she doesn't have many options other than to complain to the Department of Insurance or file a bad faith claim against the insurance company, which would be difficult to win unless there is proof they ignored obvious evidence.

As the for police officer, it is unlikely that there would be any action, other than a complaint to the police department, that there would be a suit here against the police department (can't sue the police officer under the law). In other words, this report was likely just his perception of what occurred and what he heard that day, which is technically not a "false report." Just one with errors, which again, her attorney can fight in court. Unless there is evidence that this police officer is discriminatory against certain ethnic groups or took some sort of a payoff, this is not an issue that would support any sort of suit.

Please let me know if you need any clarification. If not, then if you can take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 9 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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