Does the op need to be concerned with any negative action against him if the driver does not complete the mv104.
The OP need not do anything - there are no reporting requirements for the vehicle owner, only the operator.
The only thing he needs to be concerned with is his own insurance company and whatever requirement they may have.
THe OP best wise up and figure out how to collect from the renter as to any damages ?
Last edited by DOY; 09-09-2017 at 08:11 PM.
Yes you can sue without a police report. It could be more difficult to prove your case if the driver dispute anything m.
A police report is irrelevant to a lawsuit. It's not admissible evidence in court.
https://forum.freeadvice.com/auto-accidents-vehicle-claims-1/going-small-claims-court-car-accident-case-387966.htmlA few thoughts (for both CA and NY):
Police reports CAN be admitted as evidence "for the truth of the matter asserted", and particularly in small claims, which has about the same rules of evidence as the Wild West, frequently are.
As illustrated in the post above, if both sides consent to the admission of the police report, even though it can be hearsay and thus, non-admissible, then it comes in. (In lawyer-speak, an objection is waived unless raised). Other times, the police report can be used for purposes other than who is at fault. Things like impeachment, or to establish the presence (or lack thereof) of a particular person at the accident site come to mind. (Although even then, the safe practice is to subpoena the authoring officer).
I'll save the discussion of multi-level hearsay in a police report for another day
There may be exceptions, but it certainly isn't necessary or even important to have one.
I disagree that it's beneficial. It probably won't help.
Fine. Continue your petty little argument. It's moot in this situstion anyway since there isn't one so I'll not waste my time explaining why and how it can be beneficial.
Want the last word? Have at it.
I got a question, is 3 years the maximum time I can start the case or the case must be solved?