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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 110511
Experience:  Attorney with over 24 years of law and traffic law
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Had a car accident 11 weeks ago. I had just sat down in my

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Had a car accident 11 weeks ago. I had just sat down in my car and was shutting the door when my car was hit, scraped the back side of my car and hit the driver door. Called the police, when I was on the phone with dispatch, the other driver took off. When the officer arrived the other driver came back, said she had to tell her employer she would be late. When the other driver was questioned she lied and said I was getting out of my car. No ticket was issued. The officer said said since this in a no fault state the insurance companies would have to fight it out. Three days later I contacted the gas station where my car was parked to see if they had a video of the accident, they did. The police got the video and put it in evidence. After 11 weeks of going back and forth with the police evidence room, my insurance company and the city attorney's office, I was finally able to get the tape. I viewed the tape and found out that the wrong time had been recorded, instead of 5:06 PM to 6:04 PM, they had copy 5:06 AM to 6:04 AM. When to the gas station to see if they still had the video. They only keep the video for 40 days. Asked the manager how the wrong time was recorded, he said that they only go by want the police say. When I called the police I had to give the accident number, date and time. What can I do, it is now back to he said, she said. I only want my deductible paid back to me.
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if the wrong time was given to the gas station and they have already destroyed the video, I am afraid that legally there is nothing you can do. The police are actually exempt from suit based on the MN Statutory Immunity laws for government entities and employees in performance of their duties. So you cannot sue the police or the gas station. Your only possible case would be against the other driver and present your evidence that you have (without the video) to argue that you were not getting out of the car as alleged. That is all you can do I am sorry to say.

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