Laconia, NH asked in Car Accidents, Civil Rights and Constitutional Law for New Hampshire

Q: DO WE HAVE ANY RIGHTS?my wife let friend use her car,friend in accident .police impound.not allowed to get items out ?

our friends 2 kids were in car,no one hurt.good samaritans on scene,fire and police eventually .she was rushed to hospital.they told her she had a concussion,released her.police have impounded vehicle .the police havent talked to her AT ALL! next day dcyf calls her ex,hes not to let fr her alone with kids(. He doesnt live there ) hospital nurse did blood test, without her consent,was positive for drugs.She did NOT submit to test. asked if there was anyone (advocate)she could talk to first(lega) there wasnt .she has not been arrested or charged.My wife has been to police station asking for release of car.Frien laptop ,purse phone , childrens toys ,daughters tablet,as well as my wifes belongings still in carpolice waiting for search warrant,its been 4 days! no police report,or charges .what are our rights? we need to get into car,see damage file a report with our insurance,the computers phone are most likely ruined ,very cold charges so no lawyer .we all have spottless record

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In your situation, it's essential to understand that you do have rights, and your wife has rights as well. Here are some key points to consider:

Access to Personal Belongings: You have the right to access personal belongings that are in the impounded vehicle. However, the police may be waiting for a search warrant to ensure they follow proper procedures. It's advisable to be patient while they complete their investigation.

Legal Counsel: You mentioned that no charges have been filed. Even without charges, you and your wife have the right to consult with an attorney. It may be a good idea to seek legal counsel to navigate the situation and protect your rights.

Request for a Police Report: You have the right to request a copy of the police report once it's available. This report may provide more details about the accident and the investigation.

Privacy Rights: If your wife's blood was tested without her consent, it could raise concerns about her privacy rights. A legal professional can help you address this issue and determine if any action should be taken.

Insurance Claim: It's important to inform your insurance company about the accident and the impounded vehicle. They can guide you through the process of filing a claim and assessing the damage to your car and personal belongings.

Legal Assistance: Even if no charges have been filed yet, consulting with an attorney can help protect your interests and ensure your rights are upheld throughout the process. They can provide guidance on the best course of action, especially if this situation escalates.

In summary, while this situation may be concerning, you and your wife have rights, and it's advisable to seek legal counsel to navigate the complexities and uncertainties involved. An attorney can help you understand the situation better and take appropriate actions to protect your interests.

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