Q:  I was broad sided, and have bad injuries.  The other driver had a few scratches. My car is totaled, his is not.  Yes, he has insurance, although I do not yet know if it is enough.  The police report indicates he is to blame (wholly), and cites a Vehicle Code he violated, but no citation was issued.  That’s it?  B.D., Sherman Oaks                                                                                                                               

A: The police officer probably did not see the incident, so issuing a citation might not be feasible. Typically, the officer is relying on what the parties and witnesses (if there are any) disclose. Measurements and other physical evidence may be taken, but if the circumstances are such that there is insurance, the other driver is not dui, is cooperative,  and was legally licensed, the officer could choose to leave it to “a civil matter” (ie, you may bring claims). That said, you can call and/or write the officer and emphasize why a citation should be issued, and/or call/write to the supervisor of the police department’s traffic division and explain why it would be appropriate for the other driver to be ticketed (provide salient details and records). I am also informed that not all officers have the authority to issue citations.  Of course, a driver may be pulled over  but the officer can at times exercise discretion about whether or not to ticket. You should report the accident to the DMV, and the other driver’s insurance obviously is going to learn about your claims; therefore, he does not avoid the negatives all together. And, if you sue him (and should there not be sufficient insurance), he may feel a whole lot more “pain”.

Q:  I was stopped by an officer in an unmarked car.  He warned me about a left turn that I made, which he said was illegal, but he “let me go this one time…”  Could he have ticketed me?   W.B., Hermosa Beach.                                                                                                                                 

A: California Vehicle Code Section 40804 addresses your inquiry.  An officer in an unmarked car can issue traffic citations, in some instances (eg., speeding), but the primary duty of that officer as a member of law enforcement has to be something other than enforcing the vehicle code.  Unmarked cars are legal, and an officer can pull you over while driving an unmarked vehicle (such as by using hand signals), but, if he or she is a traffic cop, then no citation can be issued nor can that officer testify at trial. In sum, to properly issue a citation, an officer whose duty is maintaining traffic and enforcing the vehicle code, has to be in a marked car and in uniform.

WHAT TO DO?

The California Department of Motor Vehicles has a helpful link on line about what to do if you are involved in a vehicle collision, or witness one. The link is at: www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl16.htm

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.