Legal Question in Traffic Law in Idaho
Crash
My sister was involved in a accident where the 2nd driver did not stop at a stop sign and my sister hit her. The 2nd driver was killed in the accident. The police report that was done, is implicating that the 2nd driver did stop but failed to yield and my sister was traveling at 75 mph. This is clearly not true, my sister had set her cruise control at 55 before the accident. Is there any way to disspute the police officers report?
1 Answer from Attorneys
Re: Crash
If your sister did have wits, then she and each of the wits can file an affidavit with the policeman or the dept where he works rebutting the claim in the report. If the dept refuses to allow this, I'd send an affidavit to your insurance company setting forth the correct facts. That means that you are telling your ins comp that there might be a claim filed against you based on the police report. You might also try to contact the reporting officer and let him know that his facts assessment is incorrect and see if he'll accept a statement of your facts. Be aware however that if you do this, the police might want to file charges against you based on the officer's report. You might also want to contact the officer's supervisor and see if they'll be receptive to your side of the story in affidavit form.
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