False Police Report?

[MikeAg]

A couple weeks ago I got into a car accident where a lady in a van reversed into me. Fine. It was late at night and no police stations were opened so I took her information down and told her to go to the temple police station in the morning to fill out a police report.

What happened was that she was going to pull out of a parking lot and turn right (right turn only) and I was pulling up behind her and stopped at an angle because I was turning in to get behind her, a good cars length away. She reversed into my car straight at my right side and broke the bumper/right-light/fender/hood. The scratch marks on her bumper were vertical indicating that she backed into me, If I had ran into her then the scratches on her bumper would have been more horizontal.

I go in the station and report that the lady had reversed into me and I filled out a detailed report. I got my quote on the car for about $3500+ damage.

I get a call 2 weeks later, :thumbsdow , that the lady that reversed into me has lied on her police report saying I rear-ended her and that I was at fault.

What I need to know is what I can do about this. I told my insurance company and they are taking it to the legal section but its been weeks and no answer. I booked an appoint with a legal adviser at the University to see what I can do but thats in a week and a half...

Advice!?

Edit: Wouldn't the police wonder why I got her information and she didn't get mine?

[bubbley]

holy fuk job...its your word against hers..and sux she went before you to file the report..i was in this situation as well...i whipped out a piece of paper..and wrote: I ____________ rear endend bla bla .....you get the drift...signed and dated...


GL


Edit: You dont really need to worry as your insurance will handle it but they'll probably end up hiking you premium

[megavolt]

Next time I get rear ended I'm definately pulling out my phone and getting a video statement of guilt right then and there...

[Eleanor]

Sounds like you'll be making a trip to court.

Did you take pictures of the damage right then and there?

EDIT: Witnesses?

[adam c]

take pictures always

it's going to be quite obvious who hit who

[dj_honda]

Next time call the cops man. A ways back, some dipshit cut me off and damaged my car. I was thinking of not calling the cops but they happened to show up anyways. The guy admitted fault to the cops and on the report so it was easy to go after insurance. Doesn't matter about the cop stations not being close or whatever, they will come to you as soon as they can.

The cop was super nice and had my car towed home for me because the fender would have tore into the tire, even though it was running etc. and gave me a ride home to boot. On the way home he was saying these days almost all damage is over 1k so unless its really really minor its safer to just call the cops.

As for now, I think if you can try to get a witness it would be good, and if not its going to pretty much be your word against hers...and it might just be 50/50 because of parking lot.

[MikeAg]

I did take pictures the night it happened, like right then and there with my ghetto film camera. I went before her to the police station, the police had to phone her for she gave me the wrong number to contact her.

Witness, my girlfriend was in the car but the police void her as a witness. Her friend who works at starbucks came out 15 min after the accident and was talking to her. I didnt know if she used her as a witness for the police refused me to look at her report.

[Kloubek]

+1 for pictures.

Of course, it's too bad you don't have any.

Keep us informed on how this goes, and good luck! Friggin bitch.

[Ferio_vti]

nevermind

[dj_honda]

Originally posted by MikeAg
I did take pictures the day it happened. I went before her to the police station, the police had to phone her for she gave me the wrong number to contact her.

Witness, my girlfriend was in the car but the police void her as a witness. Her friend who works at starbucks came out 15 min after the accident and was talking to her. I didnt know if she used her as a witness for the police refused me to look at her report.

That might help. I mean if you hit her car, wouldn't she have been worried and filed a report first?

[MikeAg]

Exactly, if I hit her why didnt she get my information and why did she goto the police the next morning wayyy after I did.

I couldnt call the cops because it was very late and it wasnt a hit and run deal.

Edit: Yeah of course I filled in my version of the story.

[rc2002]

Probably some ageism going on here too.

Doesn't sound like the police will do much for you. Better hope your insurance company pulls through for you in this case.

[MikeAg]

Sorry I forgot to add something important why she backed up. (I put this on the police report aswell)

There was construction where the parking lot meets the road, a big pot hole. Does this make it better for me? I have pictures of that aswell.

And yeah for the poster above I do believe that as well.

[Ferio_vti]

So you gave your info, but she didn't have it when she filed her story to the police??

[MikeAg]

No, I got her information but she didnt get mine.
What Im saying is if I hit her than she should have got my information and insurance rather then the opposite.

[bubbley]

What did your insurance company say?

[MikeAg]

Well they phoned me after I emailed them the damage on my car and a brief explanation asking me questions.

Why did she back up?
Construction, there was a pot-hole

Did she in any way confess to reversing into you?
Yes, I'm sorry I didnt see you. You're car is so small. (Exact words)

Do you have a witness who heard this?
Yes, my girlfriend but the police say she cannot be defined as a witness.

Thats it, then they still haven't got back to me...

[MikeAg]

Damage of car:
-Light
-Bumper
-Fender
-Hood
-Windshield light is on and the tank fell off the clip
-My right signal spazzes

http://img216.imageshack.us/my.php?image=hpim1096nu1.jpg

[Ferio_vti]

Originally posted by MikeAg
No, I got her information but she didnt get mine.
What Im saying is if I hit her than she should have got my information and insurance rather then the opposite.

Did you offer your info to her?? Seems odd she didn't get your info. Perhaps she wants to make it sound like you hit and run??

[MikeAg]

No I did not offer, I never got in an accident before was I supposed to?

[Ferio_vti]

Originally posted by MikeAg
Damage of car:
-Light
-Bumper
-Fender
-Hood
-Windshield light is on and the tank fell off the clip
-My right signal spazzes

http://img216.imageshack.us/my.php?image=hpim1096nu1.jpg

Sounds like the time a guy backed into my car in a parking lot. He left his info for me but was pissed that I reported the accident to the police. He didn't believe I had well over $3k in damages.

[bbrannan]

almost the same thing happened to me...

i was driving in the inside lane of 50th ave off of mcleod heading towards kart gardens. some spikey haried wanna-be dragon ball douche bag was about a half a block a head of me in the right lane and he looked to be slowing down with no signal to turn right at the end of the block. so i continue to drive about 65k in a 60k zone when just as im about to pass him i see out of the corner of my eye "his parents civic" full on about to crank into the side of me.. not even talking lane change, almost as if he was in the right lane slowing down to do the worlds biggest 4 lane u-turn. anyways, i crank me wheel as hard left as i could (no oncoming traffic) but he still caught the front corner of my bumper and laid a big patch of honda down the side of the car all the way to the back bumper..

anyway.. we get out of our cars and he acts like it was my fault. exchange info. thought the damage would be under the "call the police" limit so went and filled out a police report. shitty part was that there was no witness's because they were all a head of us a block waiting for the light to change.

talk to my insurance and the officer and both agreed that this guy was a douche.

halfway through getting the 9g's worth of paint and wheels replaced.(2 months) i get a call from my claims broker saying that the guy said he was in the inside lane trying to make a right turn when i speed by him in the opposite lane of traffic to over take him, and thats how it happened and now i have to cover half the cost of damages to my own car.

i assured my claims person that this was all a lie. contacted the constable that did my report to back me up as he mentioned during the police report and when he assesed the damage that it was the other guys fault forsure.

claims lady tells me no worries we will take legal action against his insurance company on this claim and make sure they pay for everything .

a month later i get another letter in the mail saying that this claims was found to be a 50/50 fault but they would cover the costs of the repairs...coolll right....nope...2 months after this letter i get another letter saying that my premium went up $500 a year for this claim..


long story short. if you have no witness's and didn't call the police it's your word against there's. unless you are best friends with your claims person and they really wanna bat hard "legally" for your case or you have the cash to buy your own lawyor. but after all the legal cost build up it becomes not worth it..

so your last savor is to make sure you keep all their contact info so you can go to their house after there car is repaired too and set it or them on fire...haha Just joking :devil:

[bubbley]

I honestly think that is quite evident she is talkin crap..she did not get any piece of your personal information..if you hit here why wouldnt she? and why would she give hers and not take yours? Email your pics over to your insurance company..and i bet she probably reported this as a hit and run..which makes here look like a lying sack of shit when you already reported it and have all her info..

[adam c]

it can't be a hit and run if he has her info

[Xtrema]

I keep a cheapo old digi camera with flash in car just in case.

[MikeAg]

I guess I'll wait for my appointment with the legal adviser to see what they can do for me, thanks for the input. :thumbsup:


Originally posted by adam c
it can't be a hit and run if he has her info

Exactly.

[Jlude]

good luck to you... let us know how it works out.

[snoop101]

I got a question. If they determine that he is right and that she lied can they charge her for a false claim?

Also if your depressed about this and its effecting your life you could sue. ... wait thats only if you live in the US. :nut:

[7thgenvic]

take more pictures of your car..you can't really tell from that one picture

[Kloubek]

They have small digitals on sale right now for like... $12 at Crappy Tire, if anyone cares. Everyone should have a little camera like this on hand if you don't use a cell camera.

The fact that YOU got HER info, but not the other way around *might* sway a judge in favor. If she had nothing to hide but there was damage, why not get your info?

I think that might be the saving grace in that situation. Nail that bitch to the wall!

[Moe Man]

the police will not say who is at fault. its not there job. the insurance company will decide.

its a parking lot issue anyway, normally it is 50/50

[Stealth22]

Originally posted by Kloubek
They have small digitals on sale right now for like... $12 at Crappy Tire, if anyone cares.

Any idea on the megapixels, or the quality in general? I have a cell camera, so don't think I'd be buying it, but just in case..

And back on topic/the OP's case- anything that you think can help (like say what you told us about the pattern of the scratches), I would call the CPS constable and tell him. I'm sure they know a heck of a lot more about those things than any of us do, but it can't hurt if you're sure about what you're saying. Next time though, if it looks even close to $1000, or even if it looks worse than a simple fender bender, I would call the police. In the end, its worth waiting for the police officer to show up and side with you than to deal with this shit after the fact.

EDIT: I hope this works out for you. Filing a false police report is a criminal offense AFAIK...she could be facing a big fine and/or hopefully jail time!! :clap:

[prae]

Pictures wont always tell the whole story either.

The order in which the police reports are filed does not matter.

It's always good to get a witness (must not have been in your car).

I had a guy change lanes into me on friday. Luckily enough he happens to work at a body shop and is a very chill guy.

[403Gemini]

Originally posted by Moe Man
the police will not say who is at fault. its not there job. the insurance company will decide.

its a parking lot issue anyway, normally it is 50/50

:banghead:

Dont listen to this guy. (well at least the 2nd part, the 1st part is correct)

[DayGlow]

Well police investigate to see if an offense happenned, either criminal or under provincial/municipal acts. Insurance companies work in the civil realm and act as your agent in suing the other party (their insurance) for damages. Often these things are settled out of court, the laying of blame, and then one insurance company pays out the other and jacks up the rates for the person involved.

The passanger may not be a witness for the police for their purpose, but the insurance investigator may want to speak to them. Remember civil court works on the balance of probabilities vs criminal where reasonable doubt rules the show.

[Stealth22]

Originally posted by DayGlow
Well police investigate to see if an offense happenned, either criminal or under provincial/municipal acts. Insurance companies work in the civil realm and act as your agent in suing the other party (their insurance) for damages. Often these things are settled out of court, the laying of blame, and then one insurance company pays out the other and jacks up the rates for the person involved.

The passanger may not be a witness for the police for their purpose, but the insurance investigator may want to speak to them. Remember civil court works on the balance of probabilities vs criminal where reasonable doubt rules the show.

Assuming that all what MikeAg says is true (don't worry MikeAg, we trust you! :D :rofl: ), whats the likelihood that this lady can/will be arrested for falsifying a police report?

[DayGlow]

very small. The crown is very wary of proceeding with these types of charges. People rarely get charged with contempt for lying in court. I know our association want to go after people that file false complaints against officers, but the crown will not go there. Now if they aren't willing to go after a gang member caught in a blatant lie that has caused 1-2 years of grief for a cop that arrested them what are the chances they will go after someone that lies on an accident report?

[Stealth22]

Oh jeez is it that bad? :thumbsdow

So she'd get away with it, or would there be consequences, insurance-wise?

[MikeAg]

I'm probably going to take this to civil claims to get the other 50% she owes, this just adds to my stress :banghead: . This is gay how people can do this...

For all the people who say call the police if over ~$1000, I did but the stations were closed at the time of the accident. Is there a different number? (This was my first accident so I wasn't sure)

Another pic:

http://img442.imageshack.us/my.php?image=hpim1097do4.jpg

http://img413.imageshack.us/my.php?image=hpim1178jh6.jpg <- :( my car

Whats the chances of me getting what I deserve?

[Stealth22]

Didn't you try 266-1234? Or even say...911? :dunno:
Ok, it wasn't life and death, but the non-emergency is always open too...generally, you don't really call a district office when you need a cruiser to come out.

With that damage, I would have called CPS right off the bat. It's not really the police officer's job to assign fault, but at the very least, his report prevents the lady from turning around and blaming you. Even if they tell you they'll take time to respond, I would wait for the cop. If the lady gets impatient, I'd just say "I'm waiting for the cops. You can leave if you want, but then I'd have you arrested for a hit-and-run."

[MikeAg]

I told her if she leaves I'd do that so she stayed. I called 266-1234 and it was voicemail... If were involved with an accident press 1 blah blah then it went to voicemail saying I should go in the morning. Which I did.

[Stealth22]

Really?? I didn't know that...I guess they only take 'actual' calls for service at night on that number. I've had to call the police before late at night, and an officer answered on the non-emergency line. Wonder if they just don't want to deal with non-injury accidents at night? :confused:

I would have gone the distance and just bugged them..call back and just hit 0 :rofl:

Did you take pictures of her car as well? From the two you posted, it looks as if she's the one that hit you, but I'm not a cop/insurance person...

I think you should be ok though- she didn't bother taking your information. If you had rear-ended her, she would most definitely want it...especially if the police aren't called or won't respond. If the insurance company sides with you, which I think they will (give them as much supporting evidence as you can...even a Google sat-map, marked in Photoshop with the location, vehicle path, etc), I'd push for the false police report and false insurance claim charges too. DayGlow said the crown won't go after them, but see what CPS and your insurance company say..you never know.

She bumped you, then tried to make it look like it was you fault. Sue her for every cent you can get. :whipped:

[dj techsta]

Originally posted by MikeAg
I told her if she leaves I'd do that so she stayed. I called 266-1234 and it was voicemail... If were involved with an accident press 1 blah blah then it went to voicemail saying I should go in the morning. Which I did.

Here's what you do (and for anyone else in the future)

If you get voicemail, just redial the 266-1234 number and press "0"

You go to the non-emergency 24 hour dispatch, and they'll take your call, and once a police officer is freed up (can be anywhere from like 10 minutes to sometimes an hour) They'll send a unit over to take statements etc.

And if you don't feel like waiting an hour or so, then unfortunately you'll be SOL and u'll go to the whole "your word against theirs" argument.



Now that being said I'm giving this warning. Sometimes cops will be pissed as hell that you're wasting their time, but the reason for doing this is you file an accident report on the spot, not hours later when police stations open and facts can become skewed and altered.

[Stealth22]

Originally posted by dj techsta

Sometimes cops will be pissed as hell that you're wasting their time

I'd tend to disagree with that...granted, there are calls that cops hate, and a cop can have a bad shift one night. But they're not going to be mad at you for 'wasting their time'..its their job. In fact, if I were a cop, I'd rather deal with a non-injury accident in a parking lot than something like a domestic disturbance.

[Moe Man]

Originally posted by 403Gemini


:banghead:

Dont listen to this guy. (well at least the 2nd part, the 1st part is correct)

No listen to this guy, I've seen more A1 forms than you can count. Oh ya shit i guess you dont know what a A1 form is cuz you dont know shit.

All she has to say is the he backed into her and this guy is fucked. So you better hope that the insurance sees this as a parking lot accident. Or your insurance gets stuck with the entire bill!