Should I file a complaint against officer?

[Michelle41]

What is the name of your state (only U.S. law)? CT

On March 2, while I was stuck in traffic on an icy hill (facing uphill), a large state snow plow came flying down the hill and sidewiped my car, and never came back.

I called the main switchboard to report that I had been hit (I was ongrounds at work), and I was told that the snow plow driver was aware he hit me, but that he couldn't stop. I was then told to go to my worksite and wait for the driver and an officer to file a report.

THREE hours later, the officer said (after already discussing the matter with the driver) that it was up to me whether or not I wanted a ticket written up BUT if I did, he would write that it was a no-fault accident AND that I was on the wrong side of the road!! I was stuck in traffic!!!! He also said my car insurance would go up if he wrote it up that way, so it was up to me. After being very upset, I told him that I wouldn't sign ANYTHING that stated I was at fault. So now I don't have a police report. I do however, have witness statements.

My insurance repaired my car damages (2400.00) and now they are in the process of going after the state's insurance to recover the loss. If they win, I will be reimbursed my $500 co pay. A few days ago, my insurance called me to say that the state is still denying any resposibility, and the case will go to arbitration. They also said that more than likely it will get tossed out because the lack of a police report!!! I am beyond furious!!!

Did the officer have any right to give me a ticket THREE hours later, without seeing the accident scene, or talking to my witnesses? Was I bullied/coerced into not filing a report, therefore protecting the snow plow driver's reputation? By the way the driver NEVER filed a report or even reported it.

Should I even bother going to the station and filing a complaint against that officer? I found out later that the officer and the driver hung out together after work.

Would it have been legal for that officer to issue me a ticket THREE hours after the accident occurred? If I file a complaint, would that help my case out in arbitration?

Thanks for taking the time to read this.

[cyjeff]

Yes, it is legal to give you a ticket three hours after the incident (I wanted to answer that first since you asked it, what, three or four times?)

Were you on the wrong side of the road?

Usually, the stopped vehicle is in the right, but if you weren't where you were supposed to be, there may be a case here.

And yes, it still would have been appropriate to ticket you for being on the wrong side of the road even if you were in traffic and even if the accident comes out in your favor.

[LSCAP]

I don’t see how filing a complaint against the officer will help your case.
Why and how did the idea of tickets come up?

[Michelle41]

Thank you both for taking the time to read and reply to my question. I guess I now realize that it will be fruitless to file a complaint at this point in the game. I also realize that even though the officer said that he was going to write me an infraction for "being on the wrong side of the road" as he and the snow plow driver put it, I should have just accepted it and had the police report filled out.

For the record, I was not on the wrong side of the road. When the snow plow driver called into the main switchboard to report that he had hit me, he told the dispatcher that he had hit the curb while driving down the hill and then hit my car. After my car was hit and I had got out to look at the damages, I was asked by the passengers in the cars behind me to please close my car door, so they could drive around my car to get to their worksites. I did, and everyone had plenty of room to drive on the opposite side of the road to get by me.

The facts are that the road doesn't even have a yellow line painted on it, even it if did, it was completely snow covered that day. The roads at work are narrow and the size of his plow was absolutely too big to be barreling around grounds, especially seeing that there was a traffic situation going on. That snow plow driver is a state worker driving a state vehicle. He is the one who should have come back to check on me, called the police, and wrote up an accident report (that is mandatory). He did none of those things...which all led up led up to the shoddy way this was handled. There appears to be "a good ol' boys" alive and thriving where I work, and that is why this driver has not been reprimanded.

I now plan on filing a grievance against the plow driver for not following proper procedure. I am a state worker too and I cannot accept the way I've been treated plus the aggravation, not to mention the financial burden this has placed upon me. I've run the gamut of emotions between shock, anger, helplessness, and now hopelessness and depression. It's affected my work and my relationship.

I have learned that "no matter what" always get a police report!!!