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Message
re: Update page 3 - Auto Insurance Question - Got hit in a parking lot
Posted on 5/5/22 at 1:34 am to Abraham H Parnassis
Posted on 5/5/22 at 1:34 am to Abraham H Parnassis
quote:
I never said that. An accident is just that - an accident. Absent a separate crime, an accident on private property is a civil matter.
What? Isn’t an accident in public property just that, an accident? Whether it takes place on private land or public land does not matter.Why do you think there is any distinction between disputes in private property v. Public property.
quote:
Simple - when a crime is committed. No crime took place in OP's story.
Accidents being investigated on public property are not necessarily criminal either. However, LA R.S. 14:99 states that reckless operation is the operation of any motor vehicle, aircraft, vessel or other means of conveyance in a criminally negligent or reckless manner. Because this is a criminal statute, it is applicable everywhere, including private parking lots or private roads.
Insurance laws also apply, even on private property. If the person were found to be without insurance a law is broken. Although the officer cannot issue citations to the drivers for moving violations such as speeding, the officer can still take action against a driver for not having liability insurance.
Police officers just don’t like to investigate private property accidents. They actually have private lot crash reports, which is a different, less detailed report than the Louisiana Uniform Motor Vehicle Crash Report that L.E. prepares when a crash occurs on a public road.
These cops were being lazy or just didn’t want to be of assistance. Simple as that. Even though they know many insurance companies will challenge claims without an accident report.
2
Posted on 5/5/22 at 1:53 pm to go ta hell ole miss
quote:Sure, it's a civil event on either public or private land. The distinction would be that you can't get a traffic citation on private property. If OP's accident happened on a city street, a citation could have been issued for careless op or something similar (laws vary from municipality to municipality or from state to state). Since it didn't occur on a city street, no police response was warranted.
What? Isn’t an accident in public property just that, an accident? Whether it takes place on private land or public land does not matter.Why do you think there is any distinction between disputes in private property v. Public property.
Or maybe we're talking past each other. I might not be understanding what you're asking. Why do YOU think police should have responded to OP's scene? Maybe that'll help me understand.
quote:I think I found the problem. You seem to have some bias and you can't possibly know how each agency in the state (let alone the country) handles private property accidents. As I previously mentioned, I policed for two departments in two separate states. One department's general orders required us to complete an info-only report. The other did not. That's completely up to the department.
Accidents being investigated on public property are not necessarily criminal either. However, LA R.S. 14:99 states that reckless operation is the operation of any motor vehicle, aircraft, vessel or other means of conveyance in a criminally negligent or reckless manner. Because this is a criminal statute, it is applicable everywhere, including private parking lots or private roads.
Insurance laws also apply, even on private property. If the person were found to be without insurance a law is broken. Although the officer cannot issue citations to the drivers for moving violations such as speeding, the officer can still take action against a driver for not having liability insurance.
Police officers just don’t like to investigate private property accidents. They actually have private lot crash reports, which is a different, less detailed report than the Louisiana Uniform Motor Vehicle Crash Report that L.E. prepares when a crash occurs on a public road.
These cops were being lazy or just didn’t want to be of assistance. Simple as that. Even though they know many insurance companies will challenge claims without an accident report.
I understand that you might not like it, but that's the way it is. We'd tell people to kick rocks if there was a non-injury, non-criminal private property accident at my first department. My second department was really nothing more than a monitored exchange of information.
Posted on 5/5/22 at 4:43 pm to go ta hell ole miss
Accidents being investigated on public property are not necessarily criminal either. However, LA R.S. 14:99 states that reckless operation is the operation of any motor vehicle, aircraft, vessel or other means of conveyance in a criminally negligent or reckless manner. Because this is a criminal statute, it is applicable everywhere, including private parking lots or private roads.
Insurance laws also apply, even on private property. If the person were found to be without insurance a law is broken. Although the officer cannot issue citations to the drivers for moving violations such as speeding, the officer can still take action against a driver for not having liability insurance.
Police officers just don’t like to investigate private property accidents. They actually have private lot crash reports, which is a different, less detailed report than the Louisiana Uniform Motor Vehicle Crash Report that L.E. prepares when a crash occurs on a public road.
These cops were being lazy or just didn’t want to be of assistance. Simple as that. Even though they know many insurance companies will challenge claims without an accident report.
Now Google "criminal negligence" and see how that applies to a fender bender in a private parking lot.
What action could the police take if the driver was found to not have insurance? Which in this case there was insurance.
Police do not "investigate" private property crashes unless criminal violations, not traffic, warrant it. Any report that may be prepared are only a courtesy for the drivers and insurance companies.
You said they are lazy and didn't want to be of assistance. Yes the police could have responded and assisted in the exchange of information and if the situation had escalated to a disturbance they would have to respond. But other than stand there and tell grown-ups how to handle their business, they would do nothing else. They probably didn't have anything better to do anyway.
Insurance laws also apply, even on private property. If the person were found to be without insurance a law is broken. Although the officer cannot issue citations to the drivers for moving violations such as speeding, the officer can still take action against a driver for not having liability insurance.
Police officers just don’t like to investigate private property accidents. They actually have private lot crash reports, which is a different, less detailed report than the Louisiana Uniform Motor Vehicle Crash Report that L.E. prepares when a crash occurs on a public road.
These cops were being lazy or just didn’t want to be of assistance. Simple as that. Even though they know many insurance companies will challenge claims without an accident report.
Now Google "criminal negligence" and see how that applies to a fender bender in a private parking lot.
What action could the police take if the driver was found to not have insurance? Which in this case there was insurance.
Police do not "investigate" private property crashes unless criminal violations, not traffic, warrant it. Any report that may be prepared are only a courtesy for the drivers and insurance companies.
You said they are lazy and didn't want to be of assistance. Yes the police could have responded and assisted in the exchange of information and if the situation had escalated to a disturbance they would have to respond. But other than stand there and tell grown-ups how to handle their business, they would do nothing else. They probably didn't have anything better to do anyway.
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