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Started By
Message
re: Update page 3 - Auto Insurance Question - Got hit in a parking lot
Posted on 5/3/22 at 9:22 pm to the LSUSaint
Posted on 5/3/22 at 9:22 pm to the LSUSaint
quote:
BTW, an unlicensed driver was enough for cops to show.
No.
Yet again, a TRAFFIC offense, and as such, NOT enforceable on private property.
Example: Would you expect to be ticketed for driving with no DL on your own property?
While a gas station is not your property, it is still private.
1
Posted on 5/3/22 at 9:34 pm to Cajun367
quote:
No
Yes. When an event occurs that requires identification. It's OK to call police for that situation alone....not the actual offense.
Wreck, call.police, they decline because accident on private.....driver is failing to identify, police can assist.
Lawyer...thanks
Posted on 5/3/22 at 10:26 pm to theronswanson
quote:
1. Get hit
2. Back fusion
3.Get Gordon
4. Profit
Posted on 5/3/22 at 10:34 pm to Masterag
quote:I did this, paid my deductible, and got my car fixed. When my insurance agent got the other driver's insurance to pay, I got a check for the amount of my deductible. My rates did not go up.
get your company involved. they are arbiters of the law on your behalf and they are paid to do so.
Posted on 5/4/22 at 1:02 am to Abraham H Parnassis
quote:
I get the parallel you're trying to draw, but it is a false equivalent.
So cops only have an obligation to investigate and assist when there is substantial or serious bodily harm on private property? Suppose instead we damage a person’s home on private property rather than substantial bodily harm. Do they just turn a blind eye when throws rocks through windows? It is unlawful to cause damage to another person’s property whether on private property or public land. Noise ordinances when is throwing parties all week until 3:00 in the morning are okay because they are on private property? At what stage, according to you, does a cop have an obligation to respond to crimes on private property? “Protect and serve — on public land” is acceptable to you? That’s comical. They were being lazy.
Posted on 5/4/22 at 8:32 am to go ta hell ole miss
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.
So cops only have an obligation to investigate and assist when there is substantial or serious bodily harm on private property?
quote:So those are all codified criminal acts that occur on private property - separate and distinct from a civil issue like an accident on private property.
Suppose instead we damage a person’s home on private property rather than substantial bodily harm. Do they just turn a blind eye when throws rocks through windows? It is unlawful to cause damage to another person’s property whether on private property or public land. Noise ordinances when is throwing parties all week until 3:00 in the morning are okay because they are on private property?
quote:Simple - when a crime is committed. No crime took place in OP's story.
At what stage, according to you, does a cop have an obligation to respond to crimes on private property? “Protect and serve — on public land” is acceptable to you? That’s comical. They were being lazy.
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.
Posted on 5/5/22 at 7:18 am to Cajun367
quote:
quote:
This doesn't make any sense. They didn't do an accident report because it was private property? That's just a shitty/lazy cop.
Former LEO here...
No, this a dept. doing what you're supposed to.
My dept. (unfortunately) catered to this BS. I went countless times to literally write each person's info on a form and then hand it to the other person. Waste. Of. Time.
Cops/Sheriffs/Troopers do NOT determined FAULT. They write tickets for traffic VIOLATIONS.
In LA the only applicable traffic laws on private property are: OWI, Reckless Operations and (I think) Hit and Run.
Thats it. The guy (with persuasion) stopped and gave OP his info. There was nothing left to do.
I recognize that different states have different rules.
But incident reports fall under the duties of the local municipality (i.e. the police department).
You are correct that the incident report does not determine fault (technically, neither does a police report at an accident). It is essentially a formal statement to law enforcement which can carry some recourse if determined as false.
Posted on 5/5/22 at 7:34 am to LSUtoBOOT
quote:
I even filed as an uninsured motorist claim, but my insurance tracked down that the guy had insurance, so they wouldn’t pay, and that’s the last time I paid for uninsured motorist.
Your insurance company did what they’re supposed to do in that situation and your response is to drop UM coverage because it wasn’t necessary in that one specific incident? Hope you aren’t in Louisiana. We have the highest percentage of uninsured drivers in the country and you’re fricked if one of those dipshits hits you now.
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 4:26 pm to go ta hell ole miss
What do they say when you break someone’s nose on private property after they back into your vehicle? Or worse, shoot someone? You don’t have to be on public property for police to have jobs to do.
They enforce the criminal statutes that apply to the crime on private property unlike the traffic statutes that don't.
They enforce the criminal statutes that apply to the crime on private property unlike the traffic statutes that don't.
This post was edited on 5/5/22 at 4:28 pm
Posted on 5/5/22 at 4:29 pm to RealDawg
quote:
You’ll have to chase it but they will cover.
not if they are claiming a "coverage issue" i.e non-compliance of their insured.
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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