QUESTION
Can we sue a cop for saying she will arrest me for not having a license and not being at fault in a minor accident?
Asked on Sep 13th, 2013 on Personal Injury - Rhode Island
More details to this question:
My boyfriend and I were headed home. I was driving with no license whatsoever. I was going to turn right but the light was red so I stopped, suddenly a big truck hit us and we pulled to the side of the road. We called the cops, she showed up, clearly I have no license so she said I would be arrested for it. If we attempted to file a report, our bumper was dented inwards, the other truck had nothing at all, so she let them go because I did not want to get arrested. But is it allowed for her to say that because obviously it was not our fault they hit us, the only thing that ruined it was that I have no license? So we asked for her name, she did not want to give it to us. She said we'd just call it a night or go to jail but I still agree upon it being extremely unfair. They hit us yet we leave with a dented car!
6 ANSWERS
Ronald A. Steinberg
You violated the law. Be glad you were not arrested.
Answered on Sep 17th, 2013 at 1:06 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are getting your ideas mixed up. If someone hits you and does damage, sue them in small claims court.it is not the police responsibility to worry about your property damage. If you are driving without a license the officer may cite you to court or arrest you or give you a break and remind you to go get a license. You have no brief or claim against the officer. Officer is not the bad guy here. You are the bad guy. Go get your license.
Answered on Sep 13th, 2013 at 3:26 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you're driving without a valid driver's license, it doesn't even matter if you didn't even get in an accident if you were driving a motor vehicle without a valid drivers license, you are breaking the law.
Answered on Sep 13th, 2013 at 1:23 PM
You cannot legally operate a vehicle without a license, thus you could have been arrested for operating a vehicle without one. Furthermore, in court, most likely you automatically would be considered to be at least partially negligent in the matter because it is negligence per se to drive without a license. Basically, you most likely got the better end of the deal being able to just walk away with a dented car.
Answered on Sep 13th, 2013 at 12:39 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I don't see any grounds for a suit.
Answered on Sep 13th, 2013 at 12:32 PM
You were on the rod, operating a vehicle, without a license. So you were somewhere you had no lawful right to be when your vehicle was struck. You were, apparently and fortunately, not injured. The officer chose to not arrest you for driving without a license. Yes, your car is dented. Yes, that takes money to fix. But, consider the following: You do not have a conviction for Operating without a License. You do not have a hit on your DMV record for driving that night. You do not owe court costs. You do not owe a fine. You do not owe any other any associated court expenses. You do not owe anything at DMV you did not already owe. You did not have to hire an attorney and pay his or her fee to assist you with a criminal charge. So, you may want to consider it a wash, or close to a wash.
Answered on Sep 13th, 2013 at 11:04 AM