Ellicott City, MD asked in Car Accidents, Personal Injury and Traffic Tickets for Maryland

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.

2 Lawyer Answers
Scott Scherr
Scott Scherr
Answered
  • Traffic Tickets Lawyer
  • Towson, MD
  • Licensed in Maryland

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

Eric Todd Kirk
Eric Todd Kirk PRO label
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

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.

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