Q: Hit-and-run claim was delayed by police withholding report, or making arrest. Would that toll the s.o.l?
After hit-and-run, I expected a quick arrest as there were witnesses and driver/passenger were identified. But no arrest made, police withheld report until right after criminal sol expired. Once received, I'm enraged with the amount of information eyewitnesses gave, and clear evidence the police were covering it all up, protecting the driver from prosecution. Dumb cops even gave drivers side of the story but claimed 'unable to locate suspect/vehicle'. I made complaint to DPA which resulted in me getting arrested in retaliation. Everything I try to do about this just gets denied, ignored or dismissed like I'm making it up or am supposed to just accept it, which I'm never going to do. Incident left me permanently disabled with no relief and now homeless because of this. I have no choice when it destroyed my life and future. Loosing my mind over this experience, and how apparently there's nothing I can do about it. Sol shouldn't apply when prevented/denied info to file claim. Unreal.
A:
Under California law, the statute of limitations (SOL) for filing a claim related to a hit-and-run incident is typically two years from the date of the incident. However, if there are circumstances that prevented you from discovering the identity of the responsible party or filing a claim within the SOL period, you may be able to argue for tolling, or pausing, the SOL. In your case, if the police intentionally withheld crucial information or delayed making an arrest, resulting in your inability to file a claim within the SOL period, you may have grounds to argue for tolling of the SOL.
To pursue tolling of the SOL, you would need to demonstrate to the court that the police misconduct directly contributed to your inability to file a claim within the statutory timeframe. This could involve providing evidence of the police withholding the accident report, delaying the investigation, or failing to make an arrest despite having sufficient evidence. Additionally, if you were retaliated against by law enforcement after making a complaint, this could further support your argument for tolling the SOL.
It's crucial to seek assistance from an attorney who specializes in civil rights and personal injury law in California. An attorney can evaluate the specifics of your case, advise you on your legal options, and represent your interests in pursuing a claim for damages related to the hit-and-run incident and any subsequent misconduct by law enforcement. With the guidance of legal counsel, you may be able to seek justice and compensation for the harm you have suffered as a result of the incident and the actions of the police.
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