Legal Question in Traffic Law in New York

car damaged by police car

How would the police department proceed when they have been involved in an accident that results in the damage of someone's car? I was hit by one. I guess i was in his blind spot as he turned into my car. I in far left lane, police on my right. no police lights, no siren, no left signal. He tells me'' you know you were speeding...we had our lights on''. Scared away my witness. Misconstrued my statement and lied to their superior. over 6 other police cars showed up. police superior says, ''they were responding to an emergency'' I would not know. No sirens, no lights, no signal to turn.


Asked on 3/21/07, 8:41 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: car damaged by police car

If you sue them you can get a copy of Radio Motor Patrol recordings. You can also get a copy of their in car computer records and 911 tapes from the "emergency." BTW even if they are going to an emergency they have an obligation to do so without endangering the life and property of others.

The lack of "witnesses is not really a problem as your testimony and the car damage on the Right should suffice.

Depending on the damage you may find an attorney to sue for you. You must however file a notice of claim ASAP as your failure to serve one within 90 days will preclude your lawsuit.

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Answered on 3/26/07, 10:17 pm


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