Legal Question in Traffic Law in California

Police obligated to fill out traffic report?

Studio City, CA-- While stopped at a red light in a left turn lane, two cars bumped each other behind me which caused a domino effect and my bumper was subsequently bumped and scratched (for about $500 damage.)

The first thing I did was call the police to get a proper report written up, but they refused to come, citing that without injury they were under no obligation to send an officer.

Consequently, my insurance company is now having a hard time tracking down the person at fault because of problems with the info they provided me at the scene.

Isn't it the obligation of the police to cite the person at fault and provide a police report? It seemed awfully irresponsible for the police department to completely rebuff me.


Asked on 2/13/03, 6:31 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Police obligated to fill out traffic report?

Thanks for your posting.

Police departments often have a policy that they will not respond to non-injury accidents, or accidents where the damage to vehicles is below a certain amount. Because the law requires drivers to exchange information, the burden is on you to obtain this information if the police do not respond.

It sounds as though you may be inquiring as to a lawsuit against the police, but to do so you would have to prove that they had a duty to get accurate information, and that doing so was possible under the circumstances, which will be difficult.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 2/18/03, 6:26 pm


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