What happens if you get hit by a police motorcycle?

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What happens if you get hit by a police motorcycle?

It hit me but the officer didn’t give me any papers. What do I do?

Asked on May 29, 2011 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There should be a police report of the accident.  Contact the police department in the city where this occurred and obtain the police report.  The police department will also be able to tell you the procedures to follow for filing your claim for property damage and/or personal injury.  Don't miss any filing deadlines in the procedures for filing your claim or you may lose your rights to pursue the claim.

If the claim is denied by the city where this accident occurred, you will then be able to file a lawsuit against the police department for your property damage and/or personal injury.

If you were injured in the accident, obtain your medical bills, medical reports and documentation of any wage loss when you complete your medical treatment and are released by the doctor.  Compensation for the medical bills and wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries  and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

If you are dissatisfied with settlement offers, you will need to file your lawsuit for negligence against the police department prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  Your lawsuit should name the police officer, police department, city and the state as defendants.

Again, remember that prior to filing your lawsuit, you will need to file a claim with the city within a specific period of time after the accident.  Once that claim is rejected which is usually the standard procedure, you can proceed with your lawsuit.  If you miss the deadline for filing the claim against the city, you may lose your rights to proceed with your lawsuit.


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