Fontana, CA asked in Car Accidents and Personal Injury for California

Q: My truck was hit by someone being pursued by the police. the police admitted that they didn't have the sirens on.

The suspect ran the red light at a high rate of speed and T boned me.

Later the police asked me to sign something at the hospital..(idk what it said.) It was then they admitted to having no sirens on b/c they were trying to catch up to him. The vehicle was stolen, and I had no uninsured motorist coverage.

Do I have a case against the police?

Isn't the siren meant to warn other motorists?

6 Lawyer Answers
Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: I am to assume the other driver had no insurance. If so, you may sue the Police. Get an attorney to represent you. It's free until they make money for you. Best of luck.

1 user found this answer helpful

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your injuries. I have a case exactly like yours. They are very difficult cases because the law gives the police almost absolute immunity in this type of accident. The needs to be changed and we are working on that. All cases are unique and different so you should sit down with an attorney with this type of experience and get a free consultation. good luck to you... TED

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: California Vehicle Code Section 17004.7 provides that a public agency employing peace officers is immune from civil liability for damages for personal injury to or death of any person resulting from collision of a vehicle operated by a suspect who is being or has been pursued by a peace office employed by the public agency, as long as the agency has a written policy on chases, and regular periodic training on an annual basis. It would be highly unlikely, though not impossible, for the agency in your case to be in violation of these requirements. If your injuries are severe, it would be worth investigating.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

your easiest answer is to present the claim against your own auto insurance UM portion of your policy since the car being pursued would not be covered under any insurance if it was stolen...and let your insurance co fight over it.

suing a private driver is easier than suing city hall so why not take the easier course of action.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Personal Injury Lawyer
  • Orlando, FL

A: You may have a case against the owner of the stolen vehicle based on his negligence in foreseeing someone stealing his vehicle because of unattended keys. In Florida I have been successful in several cases holding the vehicle owner liable on this theory. Consult with an attorney in your jurisdiction to get advice on what the law is and proceed accordingly.

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Your claims against the speeding driver, as well as claims against your own Uninsured Motorist / Underinsured Motorist insurance should also be investigated.

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