Q: Over two years ago I was hit by a car from behind I was on a bicycle their insurance denied my claim can I still Sue
The police report says it was my fault because I veard into the driver's Lane. the officer didn't take into consideration that the law that passed about the three foot buffer when passing a bicyclist on the road here in California and that law passed in 2014 this happened 2016. How can I go about having the police report renewed by the police department
A:
much more info needed.
however, there is a 2 year statute of limitations.........thus 2 yrs from the day of the accident you can still file a summons and complaint.........
you can try to get the police to reconsider the report but probably better off to have a lawyer get involved so that you don't say something that can later hurt you
A:
Getting reconsideration of the police report is unimportant. The officer's conclusions are not admissible. The facts of the incident are what they are. Jurors get to decide fault, not police officers.
Whether or not Vehicle Code 21760 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21760.) was violated in a way that contributed to your collision is unknown. We don't know how far you intruded into the lane, whether the driver had the ability or time to move to the left, etc. A thorough review of the report and witness statements would be necessary to evaluate your claims.
As pointed out by Mr. Gribow, you have two years to file a lawsuit, unless you were a minor at the time of the collision. In that case, you have two years from your 18th birthday.
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