I live in Florida and on Friday morning ( 09/22/06) I was hit by a motorist while biking. She failed to stop at a stop sign and hit my front wheel. I got some bruises and my left hip and my neck still hurts. My bike was damaged and not useable anymore.
I did not call the police since I was about to leave for a business trip. I got her insurance info and cell phone number. Now is it too late to file a police report? Do I have to have a police report to file a claim against her if I need to?
2006-09-24 02:45:30 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
yes, do it right-a-way...just walk into any Police station...anyone can file a report...
2006-09-24 02:52:12 · answer #1 · answered by Sigrid 5 · 1⤊ 0⤋
You messed up when you didn't call the police right away. If you don't report the crash immediately as required by state statute you forfeit the right to have the police investigate the case. Once you leave the scene of a crash you have no evidence other than your word versus hers so fault becomes impossible to determine.
In Florida you can file a Drivers Report of Traffic Crash HSMV 90006 which is available at any police station in Florida, these reports can be filed up to 7 days after the crash. It is simply a form in which you report a crash occurring to the State Department of Highway Safety and Motor Vehicles and has no legal weight.
If you have her phone number, have you tried to call her? You don't really need a report if she makes a claim to her insurance. It also depends on what you are seeking from her. If you are going to claim personal injury she may deny the crash occurred.
Good luck.
2006-09-25 22:18:39 · answer #2 · answered by JOHN 3 · 0⤊ 0⤋
It's certainly not too late to file that report. She can be charged with several crimes including leaving the scene of an accident. She may be putting other pedestrians at risk if she's a reckless driver. I think a police report would be invaluable if you plan on filing a claim against her.
2006-09-24 09:55:14 · answer #3 · answered by cheyennetomahawk 5 · 1⤊ 1⤋
no you do not need a police report to file a law suit.
Crimianal and civil law does not require action of the other.
You go down to the police department and tell them you would like to file a report.
2006-09-24 11:42:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No.
Contact the agency that has jurisdiction in your area. You may catch some heat for not reporting it immediately.
If you are in the Tampa area there are many attorneys that specialize in bike related issues.
2006-09-24 09:49:23 · answer #5 · answered by Eddie 4 · 1⤊ 0⤋