Legal Question in Personal Injury in New York
hit and run
work for municipality. Hit by hit and run driver. Sustained knee injury. Police refused to respond as they were ''swamped'' Found out all officiers were on and there was nothing on the blotter. I lost all opportunity to catch the person who hit me as the police never followed up. As I am collecting workers Comp and can't sue my employer can I sue the police dept or the officiers that refused to act and lied to me ?
3 Answers from Attorneys
Re: hit and run
No see the Reis v. City of Kingston Court of Appeals case. Can't sue the police for being lazy and useless. It is a terrible case and sets up a standard for mediocrity but it is the law. Sorry about what happened to you but you definitely have no case against the City or the police.
Re: hit and run
You have an action against MVAIC as long as you can provide the Sprint sheet showing that you called 911 at the scene. In determining whether I would take on a case it must be determined who was at fault and what the extent of your injuries are. How bad is the knee injury? Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com. We have convenient locations all over New York. I look forward to fighting hard for your rights.
Re: hit and run
unfortunately, no. you cannot sue the police department for what occurred to you. The police have what is called a "qualified immunity" meaning there are a limited list of things that they can be sued for.
If the accident happpened in New York State and you filed a police report within 24 hours of the accident you can recover up to 25,000 from the motor vehicle accident indemnification corporation that stands in the shoes of the insurance company.
There are strict time limitations within which to file the claim so you must act immediately.
Patricia Martin-Gibbons
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