Legal Question in Insurance Law in California

My witness backs down & No police report filed

March 20, I was involved in an accident while driving a friend's car. An accident occurred when another driver ran a red light, and I ran into him. One witness came forward, and said he saw the other driver go through the red light. Two police cars arrived at the scene. An officer came forward, and the same witness that spoke to me told this police officer that the other driver ran the red light. This police officer stated that she was not going to file a police report, because she did not see what happened. After talking with the insurance companies, my witness would not give any kind of statement. The other driver says I ran the red light, and now has two witnesses, one of which gave a recorded statement that I ran the red light. I have contacted the police department in the city where the accident occurred, and they have said that police statements in their city are not required and the only time the police will write a report is if someone is hospitalized. I have requested to speak to the officer at the scene of the accident and I am repeatedly told that my friend's insurance company should call. Her insurance company refuses to call, and has been negligent, saying both drivers are at fault-pay your own expenses.What can I do?


Asked on 8/21/00, 5:32 pm

2 Answers from Attorneys
Jeffrey Zinder Zinder & Koch

Re: My witness backs down & No police report filed

This is a very common problem. Many police departments fail to take reports and secure witness statements. You need to file suit within one year against the other driver and owner of the other car. You may be able to get the now unwilling witness to come forward in a deposition, but if not, then it will be your word against all the others. This is not impossible, just difficult. If you need help you may contact me at 818- 760-0100 ext 101.

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Answered on 9/26/00, 11:40 am
John Hayes The John Hayes Law Offices

Re: My witness backs down & No police report filed

You are going to have to file a lawsuit against the other driver if you hope to recover your damages. Once you file a lawsuit you can subpeona the witness and the police officer to testify at a deposition. Once you have their testimony you will probably be able to settle the case without going to trial. I would strongly recommend that you hire an attorney to help you file the lawsuit and take the deposition. I specialize in these types of cases and have been for over a decade. I work on a contingency basis so I don't get paid until the case is settled and that way you don't have to worry about putting any money up front. I can also help you work with any medical providers so you don't have to pay them until the case is settled. If you would like a free, no obligation consultation please feel free to contact my office toll free at 877-546-9918. If I don't hear from you I wish you the best of luck and I strongly urge you to seek legal counsel.

Sincerely,

John Hayes, Esq.

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Answered on 9/26/00, 1:30 pm


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