Newcomer Needs Advice

etcheffects
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Newcomer Needs Advice

Unread post by etcheffects on

Well first of all ... glad to have found the forum - hoping to find answers to 'alot' of questions

I was unfortunate in July 2010 in that I ended up rolling my 2009 Ranger three times, through a fence and landing on the roof on a rained-out road that was/is in need of proper repair in Eastern Ontario.
I was assisted out of the vehicle by the driver who was behind me.

I was not charged with any offense, as I had to make a quick decision prior to the accident happening. I remember everything ... as I drove on the road in a downpour I remember the oncoming vehicle had flashed his headlights, and within seconds I found out why ... there was a car in front of me with no lights on travelling at a lot slower speed than I was travelling ... thus making me brake and swerve to avoid hitting him, and my truck hydroplaned in the same lane I was in and slid into the ditch and rolled - happened really quick.

When the OPP and ambulance arrived I was checked by the ambulance/paramedics and I had signed a waiver, that I needed to get home and tell my wife about what had happened to our 'new truck' [less than 30,000 km-not a scratch]
obviously I was in shock ... but the officer said he would drive me home and I would go into the hospital after I informed my wife on what had happened.
Needless to say - I heard an earful - little about the truck - more on why I wasn't taken to hospital. Anyway - I was in the hospital within the hour.

Here are my questions?

1] Later on after numerous x-rays and assessments it was determined that I was in for a long recovery, so I had gone to the local detachment to obtain a copy of the accident report and was told it would be $42.50 each [Police Report and two statements from driver in front and behind me ... but I did not have one ... really??
I believe I made my statement at the time of the accident .... to everyone at the scene, the paramedics, the driver behind me, the tow-truck driver and to the officer.

I was told I didn't need to make one as the officer had said it was based on road conditions.

Later I found out by going into the detachment and asking to speak to the Seargent on duty that I refused making a statement ... REALLY ... where did this come from??

Obviously there is alot more to the details that I need to know ... why didn't I have a statement made up ... where is my signature signing off that I refused making a statement??

What do I need to do to have this problem rectified???

Could really use some good news

Thanking you all in advance

MVA Roll-over 2010


Stanton
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Unread post by Stanton on

It’s common practice for police services to charge for completed accident reports. Typically you’re given a basic copy at the roadside, but the final report is kept by the police. Normally your insurance provider orders the report from the police service.

As for statements, there is no requirement for police to obtain a formal written statement from all involved parties. If you were in an injured state, police will often jot down point form notes describing what you believed happened, rather than asking you to write out a full statement.

You may want to try and speak with the officer that took the report directly. I’m not sure how the detachment Seargent would know if you refused to make a statement or not. The officer may have some point form statement in his notebook which you could obtain through a freedom of information request.

Is there some particular concern you have in regards to the lack of statement?


etcheffects
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Unread post by etcheffects on

Hello ..
Thanks for the quick response - much appreciated

Apparently my insurance company didn't require the accident report, as I had avoided hitting the vehicle in front of me, it wasn't needed. It was strongly suggested to me to obtain a copy of the accident report with 'my statement' enclosed in case my condition worsened - as is the case as I have found out recently from having an MRI that I have spinal nerve damage - which concerns me very much.

Never having been involved in a roll-over or accident, I had assumed everything was being documented [my statement of what caused me to roll our new truck] apparently not.

What troubles me is why would I be told that I refused making a statement - if anyone was saying anything at the scene of what happened it was me.

I wanted to make sure it was known that given my options after seeing the oncoming vehicle flashing his lights and then seeing why he flashed - car - no lights - I had seconds to react and my defensive truck driving experience took over and I probably could have just driven the truck into the ditch, but because of the road and weather conditions, it went terribly wrong.

In regard to the Duty Seargent's comments made to me when I had insisted on why I didn't have 'statement' he took my question defensively and said 'It says right hear on his report ... and it's been over a year so .. anyway I need to get back to my duties and I was left 'dumb-founded' for a better word.

So .. I ask .. how can I have this rectified and get a copy of my statement of what had happened on July 28,2010 that has changed my life forever?

Awaiting your reply

Thanks


etcheffects
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Unread post by etcheffects on

:!: STILL WAITING FOR A REPLY TO MY QUESTIONS FROM LAST CORRESPONDENCE

Thank you


Stanton
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Unread post by Stanton on

Again, there is no requirement for police to obtain a formal written statement from involved drivers. You could certainly contact the original investigating officer and enquire about providing a statement, though I imagine they’d be hesitant to accept it so long after the incident.

There should still be synopsis of what happened on the accident report itself, and I would still ask about obtaining a copy of the officer’s notes, as they may contain a synopsis of what you told them at the scene.

The reality is that the accident was probably considered minor at the time, especially since you appeared uninjured. With more and more demands being placed on police, the reality is that many accidents are treated as reports versus investigations, particularly single vehicle collisions. If you feel that the officer did not do their job properly, your only recourse is to file a complaint with the service stating your concerns.


etcheffects
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Unread post by etcheffects on

thanks for getting back to me

I see by your response that you are either a retired police officer or still working within the force by your answers to my questions, which is fine.

It's too bad a proper thorough investigation was not done, as I would have had all of this mess cleared up having a statement and the insurance companies could battle it out

I guess we'll just mark this 'eventful day' a learning experience and I'll make sure others know what procedures to go should they have a similar incident - too bad

thanks again


Stanton
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Unread post by Stanton on

Do you actually have the information for the vehicle with no lights? Or did it leave the scene?

I'm kind of curious why your insurance company is so hung up on a formal statement.


etcheffects
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Unread post by etcheffects on

Hey Stanton ...

I have the statement from each driver with their name and contact information made at scene of accident when 'I' went to get a copy of the accident report and paid $126.75 for 3 PHOTO-COPIES - Police Report - $42.50 Statement from Driver in front of me - $42.50 and Statement from Driver behind me- $42.50 and no statement of what had caused me to roll my vehicle - it definitely was NOT solely road conditions.
What makes me even more frustrated is that I was told most lawyers pay next too nothing to acquire what I had paid.

In regard to being 'hung up on a formal statement' it is I not my insurance company that would like to receive a FREE copy of my statement outlining what had happened in my own words

I have too be honest Stanton ... now that I know abit more to what should have happened at the scene of the accident from corresponding with you ... makes you wonder why my statement wasn't included in report, especially since I was not charged and it was based on road conditions, right?
One question I would want to know and have it on file, is why the driver [me] had rolled his truck.

I do remember the officer talking alot with the driver in front of me [both at the cruiser and at the drivers vehicle] which had me thinking that everything I was saying at the scene must have made sense and the driver was being charged - why else would I end up rolling my new truck?

Until next time,

Thanks


tdottopcop
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Unread post by tdottopcop on

Simply because a formal statement may not have been collected from you does not render the police officer's investigation improper and not thorough.

If I were to come up to a scene of a serious accident and a victim of a motor vehicle accident is possibly in shock, injured, excited, anxious to inform his wife and urgently requires medical assessment, is my first priority going to be pushing my pen down his throat demanding a statement be collected and reading a Caution statement from the back of my book? No.

A point form description of the general events is sufficient. Your event, as traumatic as it appears to be, is relatively simple in nature.

As Stantion already pointed it, there is no requirement for you to provide a formal statement to police. The fact that you 'want' a formal statement included doesn't make a difference to anybody but yourself- and quite frankly, accident reports are not designed for your personal appreciation and use.

Also as Stanton pointed out, some of the information you may be looking for may be found in the officers' notes. Again, as Stanton pointed out, these are available to you through a Freedom of Information Act request.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


etcheffects
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Unread post by etcheffects on

Still waiting for reply to last correspondence re:advice to roll-over

thanks






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