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Someone ran into my parked truck. The police officer didn't make a report. He said if there wasn't more than $1000 damage no report would be filed.The driver didn't have insurance. She first agreed to pay for damages but she said since she got a ticket she wasn't paying for damages. We contacted the police he just told us we would have to take her to small claims court. BUT without a report is that possible? Was the officer suppose to make one anyway

2007-01-24 09:13:07 · 9 answers · asked by cheryla2006 1 in Politics & Government Law Enforcement & Police

9 answers

In Illinois, if it was on private property and the damage appeared to be under $500.00, we aren't required to do a report. I will usually do one anyway if one party requests one. In your case, I would have done one for sure because they didn't have insurance. You can still go to the department and get a disposition or something documenting the accident happened. If I don't do an accident report, I still do a disposition with the vehicle and driver info and a brief description of what happened. You should be able to get a copy of that and take it to civil court.

2007-01-24 09:36:45 · answer #1 · answered by Anonymous · 1 0

If the accident occurred on private property...you won't normally see an official police report.

However, you can sue for damages in small claims court and subpoena the officer as a witness to the call.

Since a ticket was issued to the other party, you may also contact the Court Clerks Office in the jurisdiction of which the accident occurred. Let them know of your dellima and you should be able to get a copy of the ticket or at least a document showing that a ticket was issued.

You can also recoup your filing fees when you win your case!

Best wishes!

2007-01-24 09:24:34 · answer #2 · answered by KC V ™ 7 · 0 0

Where I worked, the state won't even accept reports for damage under 1,000 dollars. If the people really demanded one, we would cut a report sometimes, but it went nowhere except to the records section.
You don't have to have a police report to go to small claims court, but it does help document your side of the story.
The officer's supervisor might not let him or her do reports when the state doesn't require them as it is tying them up for basically no reason.
I know it seems a bit harsh, but when calls are backed up, they want you to get done and on the next task quickly.

2007-01-24 09:56:09 · answer #3 · answered by Lt. Dan reborn 5 · 0 0

I don't know what state your in, but yes the Officer should have written a report. Just for the reason your speaking about! I hope you have her license plate #, she you can get all the info on her. I would take her to small claims court, no way would I let her out of this. Not your problem she got a ticket! Some people have a $250.00 deductible, than the Inc. pays the rest to get their car fixed, so I don't know what that cop is talking about!! Weird!!!

2007-01-24 09:27:08 · answer #4 · answered by sue d 4 · 0 0

As a Sergeant and former supervisor in a police agency. You can bet he would have filed a report. As a professional he should have filed a report. You just happened to get one of those 10 percent who are too dam lazy to help the public they serve. This is not meant for the officers that work hard only for the ones who lack the fortitude to help when it is needed. File your claim through your insurance agency and make sure the officer is subpoenaed for the lawsuit

2007-01-24 09:55:30 · answer #5 · answered by DarkPrince139 3 · 0 0

Of course he should have written a report. Who is a cop to know how much damage was caused to your car. Is he also an expert auto mechanic/bodyman who can do a on the spot estimate regarding the damage to your car? I think not.
90% of the time when a car is in a wreck-even a minor fender bender you can bet its gonna cause more than $1000 dollars damage regardless.

2007-01-24 09:50:53 · answer #6 · answered by Anonymous · 0 0

if damage was low no report filed but he should have incident report and copy of her ticket would help prove case against her.

2007-01-24 09:21:23 · answer #7 · answered by singledad 7 · 1 0

always get a written police report -----------how did the cop know there was or wasnot over 1000.00 $ of damage--what, is he/she an insurance adjuster too------the cop just did not want to take the time to write the report. (ex cop here)

2007-01-24 09:26:45 · answer #8 · answered by nickle 5 · 0 1

if you want a report i always thought they were supposed to do it upon request. sounds like he didn't want to deal w/ the paper work. call the department.

2007-01-24 09:21:29 · answer #9 · answered by Jessica B 4 · 1 0

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