CanI sue the police departmentfor taking too long to finish an accident report?

UPDATED: Feb 15, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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