CanI sue the police departmentfor taking too long to finish an accident report?
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CanI sue the police departmentfor taking too long to finish an accident report?
I was involved in a car accident 2 weeks ago and have been in contact with the local PD every day since. It was a minor accident in which my girlfriend was injured but with only minor bruises; no one else was hurt. Both vehicles were damaged but since the insurance companies can’t do anything yet, I’m not sure how bad. The police report is still not available; the PD says that they have a brand new system they are learning and the report is being held up.
Asked on February 15, 2012 under Accident Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is your legal right to bring a lawsuit against the police department for taking too long to finish the accident report that you have written about. However, I caution you from doing such in that from what you have written there seems to be no legal or factual basis to sue for the delay let alone establish any damages.
If you file suit (where you most likely will not prevail) there is a chance under your state's statute that the police department can go after you for attorney's fees that it incurred in defending the matter that you wish to file suit over.
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