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OT. Help with legal knowledge and procedure

223to45

Regular Member
Joined
Jan 23, 2012
Messages
106
Location
Whatcom County
OK this has nothing to do with OC, but am posting here because you guys seem to be up on legal knowledge and procedure.

I will try to explain the incident as short as possible, but what I want to know is the proper way to get info, trying to help a co-worker.


She ( co-worker) was heading south on Northwest, he ( forensic investigator) was on Mcleod turning left(south) onto Northwest, no collision was made at that time, he actually chased her down, on her left side while in the other lane and hit her car. Then proceeded to yell at her in her face style, for not giving right of way to him. At this point she was mad and scared as hell, took about a hour or more for cops to show up, finally a Sheriff shows up, does right the guy a ticket ( not exactly what ticket was given) , but gets no statement from her, while this is going on BPD motorcycle cops finally show up, and proceed to get in her face and yell at her that they don't have time for this, and she is wasting their time for this type of call. Must be protect their buddy.

The guys insurance has already stated as of right now they are not covering her car ( not sure if this was personal or City vehicle).

She is pissed about the cops in her face. She was to emotional to get a badge number from the BPD, she is going to get a copy of the sheriff report, but not sure if the badge number or name is on it.

Would BPD had to file some sort of report for showing up??


What would be your course of action?? I know she doesn't have enough money for a straight up lawsuit, maybe small claims??

Thanks
 
Last edited:

sirpuma

Regular Member
Joined
Nov 1, 2007
Messages
905
Location
Deer Park, Washington, USA
The police report should have the reporting officers info on it. I would send complaint letters to the Chief of Police or Sheriff for whatever agency was attending, Lawyer Up, file a complaint with the City Council or County Council. My guess is if he was at fault and his insurance is defaulting on their policy and not covering her damage it's probably a city vehicle. And if need be go public in blogs, news papers and radio stations.
 

sirpuma

Regular Member
Joined
Nov 1, 2007
Messages
905
Location
Deer Park, Washington, USA
Possibly. Officers are supposed to get as much detail in their reports as possible. But she may have to put in a FOIA with the PD and request dispatches for that night. Anytime an officer arrives on scene he checks in with dispatch and they make a note of it. There's a record somewhere, whether with the PD or 911, someone knows.

It's BS that an officer would treat her that way but the bigger issue is insurance. She was in an accident where the other driver was at fault and his insurance is refusing to pay the damages? Something is most definitely wrong with that.
 

223to45

Regular Member
Joined
Jan 23, 2012
Messages
106
Location
Whatcom County
It's BS that an officer would treat her that way but the bigger issue is insurance. She was in an accident where the other driver was at fault and his insurance is refusing to pay the damages? Something is most definitely wrong with that.


The issue I am having with it, is it was not a accident, he drove up beside her in the oncoming lane and hit her, this happen at least a good 100' or more from the intersection.

I have talked to her about receiving the reports, dispatches calls, and stuff like that. I have never done it, so I don't know the proper procedure.
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Possibly. Officers are supposed to get as much detail in their reports as possible. But she may have to put in a FOIA with the PD and request dispatches for that night. Anytime an officer arrives on scene he checks in with dispatch and they make a note of it. There's a record somewhere, whether with the PD or 911, someone knows.

It's BS that an officer would treat her that way but the bigger issue is insurance. She was in an accident where the other driver was at fault and his insurance is refusing to pay the damages? Something is most definitely wrong with that.

If memory serves me correctly we are a no fault state. Turn it in to her insurance and let them subrogate.
 

sirpuma

Regular Member
Joined
Nov 1, 2007
Messages
905
Location
Deer Park, Washington, USA
The issue I am having with it, is it was not a accident, he drove up beside her in the oncoming lane and hit her, this happen at least a good 100' or more from the intersection.

I have talked to her about receiving the reports, dispatches calls, and stuff like that. I have never done it, so I don't know the proper procedure.

It doesn't matter if the collision was "accidental" or "intentional" his insurance should be paying up.

As far as the requests I believe the PD should have forms to fill out. I've never done a FOIA before so I don't exactly how to go about it.
 

SigGuy23

Activist Member
Joined
Aug 21, 2011
Messages
323
Location
Freeland, WA
I say go with what the others have said on the police issue. As far as the damages go. Have her call her insurance company and explain to them what happened. Let them know that a citation was written to the man who hit her. Her insurance companies lawyers should contact his insurance company and deal with it.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Get all reports...go to Bellingham police station ask for incident reports

Go to Sheriff's office ask for Tara on the right as you enter the sheriff's dungeon. She is very helpful and ask for incident reports.

Go to city Hall ask for public disclosure on the officers involved.

Also file a complaint with the Bellingham Police department, but here's the ticker send it certified in because they tend to disappear, both to city hall and police station Mr. Erb the public disclosure officer has broken state law and withheld information I requested, oh surprise surprise he used to be a prosecutor who told me he doesn't ever see himself prosecuting an officer.

She'll need to find the name of all officers involved and be very specific.

I am getting some experience in dealing with these dingbat gestapo idiots. If you want PM me I can lend a hand and meet up with you and her.

Does she have any witnesses to what happened?
 
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