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Can a citation be issued weeks after an accident occurs? How do i proceed
Anonymous6 views3 answers
My son and vehicle were broad-sided at an excessive speed by a driver that, according to three witnesses, failed to obey a stop sign. The driver provided an invalid proof of insurance, unknown to the officer at the time, due to missed payments. The officer did not ticket the driver for running the stop sign nor for invalid proof of insurance. Now my insurance must cover the damage and the police department has not pursued the driver for any infractions of the law. I have been told, by the police department, to take the indivdual to civil court because there is nothing that they can do st this point, but he has nothing of value and I feel that this would be a waste of my time and my money. I want the individual held accountable by the law so that this doesnt happen to someone else.
You can not force the police to do their job. You and/or your insurance company can sue the at fault driver (he may have insurance??). You can also contact the Chief of Police. Yes it is possible for a citation to be issued long after the collision.
While they can and do issue a ticket after the fact, generally the police will not cite someone for a traffic offense unless they witness the crime/event. As for the insurance, Miss. law requires "proof" of insurance, not that the insurance is actually in effect. Sounds strange, but otherwise, the cops would have to look at your insurance card and then every time call the insurance carrier to verify the insurance is still in effect.
The issue you should have your eye on is your own first party insurance coverage, if you have it. Depending on the limits of this Uninsured Motorist coverage, which most people have, but some don't (you must refuse it in some states or it is a de facto reality). If, as you say, the negligent party did not have insurance due to missed payments, and he has nothing of value that would making going after him a reasonable course of action, then you are just focusing on an empty pocket. Sorry, I know that sounds harsh. And in your scenario, whether he was cited or not most likely is irrelevant because your own insurance should focus on the damage to you, your son, and your property, no matter how it occurred.
