Q: Can I sue the police department for failing to write an uninsured motorist ticket in an accident?
Fault couldn’t be determined in the accident so it is my belief my car insurance will skyrocket.
A: No, you cannot sue the police for failure to write a ticket. They have absolute discretion on whether to issue a citation. Regardless, issuing a citation does not determine fault. You can sue the other driver and your own insurance company if he is uninsured and if you win, your rates will not go up.
Eric Todd Kirk agrees with this answer
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Maryland
- (410) 591-2835
- View Profile
- Answered
A: No. You cannot. While a carrier may consider any number of things in setting rates, I think the insured status of another involved driver would be lower on the list of factors.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
