OMG First accident =[[[[

[wangtangjf7]

if i were to get into an accident in this car, i think i would start crying. hope everything works out for ya

[el ess A]

Since there's a some "whipping it out to see who's is bigger" here, you have to consider individual state, county and munincipal laws as such as dependant on when or IF a law enforcement officer is entitled to enter private property to investigate.

To wit: In the great state of South Carolina, police can pretty much go where the public goes without issue, even if it's in a parking lot.

Investigation of accidents occurring on private property.

There is nothing to prevent a law enforcement officer from entering private property in order to investigate the probability of a violation of the law – especially when the area to be entered is an open area, such as a road or parking lot to which the public is invited.

When a motor vehicle accident has occurred on such an area, traffic police are
empowered to conduct routine investigations and to prefer charges when there is validevidence to support charges. 1973-74 Op. Att'y Gen., No. 3689, P.36.

[ddunerider]

$986 sounds way cheep tuff luck ....I jacked mine up yesterday $1150 for this repair..

[SlingShot]

Originally Posted by jrpimp00

I quote you $0, because he was at fault and his insurance should pay for it.

Nope ... Florida in a No Fault State, your own insurance pays for repairs. Your insurance company can go after the other company if it likes, but that normally doesn't happen for little things. Also all accident reports are treated the same, but the priority of the call will be different without injuries. You will just have to play the waiting game to report it, or you can just exchange info and deal with it on your own.

[THE EVIL TW1N]

Originally Posted by el ess X

Since there's a some "whipping it out to see who's is bigger" here, you have to consider individual state, county and munincipal laws as such as dependant on when or IF a law enforcement officer is entitled to enter private property to investigate.

To wit: In the great state of South Carolina, police can pretty much go where the public goes without issue, even if it's in a parking lot.

That's no different than CA or probably any other state.

What that law doesn't state is that a report must be generated in the event of a minor traffic collision on private property, even if it's used as public off-street parking.

[fireresq157]

Originally Posted by THE EVIL TW1N

With all due respect.... WRONG. Off street parking lots may be public when it comes to parking and receiving specific citations and crimes, it is not public when it comes to reporting property damage only traffic reports, smarty pants.

How are you going to tell me how to do my own job? I'm an Officer as well. Oh yeah....with all due respect.

And here's the wording STRAIGHT from my duty manual:

PRIVATE PROPERTY ACCIDENTS:
Since the Vehicle Code's "Rules of the Road" are not normally applicable on private property, accidents occurring thereon will not normally be investigated.

The involved parties and/or their agents are in a more appropriate position to civilly represent their own interests. However, the Department serves as an agent of the City, and certain exceptions are applicable to the Vehicle Code.

Therefore, private property accidents involving the following circumstances will be investigated:

- A death or injury occurred.
- Intoxicated driver involved.
- Hit-and-run involved.
- City vehicle or property involved.
- County, state or federal vehicles or property involved.


He can go ahead and file a report. That's on him to do, but he would have to go into the station and have it done out here in CA.


Maybe in FL they handle it differently (and yes I do know the OP is in FL) and maybe I should have written the CA part in my initial post. I do see that mistake. But I would not be surprised to see if other departments have a similar stance on property damage only accident reports on private property.

Not a cop but thats how I understood it to be out here.

[brantley847]

Originally Posted by THE EVIL TW1N

With all due respect.... WRONG. Off street parking lots may be public when it comes to parking and receiving specific citations and crimes, it is not public when it comes to reporting property damage only traffic reports, smarty pants.

How are you going to tell me how to do my own job? I'm an Officer as well. Oh yeah....with all due respect.

And here's the wording STRAIGHT from my duty manual:

PRIVATE PROPERTY ACCIDENTS:
Since the Vehicle Code's "Rules of the Road" are not normally applicable on private property, accidents occurring thereon will not normally be investigated.

The involved parties and/or their agents are in a more appropriate position to civilly represent their own interests. However, the Department serves as an agent of the City, and certain exceptions are applicable to the Vehicle Code.

Therefore, private property accidents involving the following circumstances will be investigated:

- A death or injury occurred.
- Intoxicated driver involved.
- Hit-and-run involved.
- City vehicle or property involved.
- County, state or federal vehicles or property involved.


He can go ahead and file a report. That's on him to do, but he would have to go into the station and have it done out here in CA.


Maybe in FL they handle it differently (and yes I do know the OP is in FL) and maybe I should have written the CA part in my initial post. I do see that mistake. But I would not be surprised to see if other departments have a similar stance on property damage only accident reports on private property.

Then the correct stance would be that neither one of us are wrong...your manual is for California. Obviously you being a LEO as well would be fully aware that state and local jurisdictions may impose a stricter stance on private property.

I am not arguing with you about private property. Those elements are perfectly fine and also apply in Florida. What I am telling you is a parking lot is NOT defined as private property in Florida. In addition, everything you are stating is California....your argument is irrelevant to this case. Why would you tell someone in a different state they cant file a report? So don't trounce on someone who asks if he filed a report, that is all I am saying man...relax.....He/she can absolutely file a report, and an officer will respond.

It is still a public access lot, private property can only be acquired through personal ownership/responsibility and THAT ownership comes with tremendous liability. I think we are just being tied up on what our statutes consider private and public. Here in Florida for private property.... police do not take action except for those guidelines you address...except we only intervene for death or SBI.

How in the world can someone have private property that will not allow an officer to take action on that property....but if someone damages a city vehicle ..you may now take action?!?!?

Now forgive me..I completely understand YOU did not establish these guidelines, you are just following those rules....that is just a little baffling.

again, with respect..From one LEO to another

[CamaroSpike23]

keep it civil guys.

discuss, not demean

[brantley847]

Originally Posted by CamaroSpike23

keep it civil guys.

discuss, not demean

not a problem...

I apologize if it came off that way. We aren't demeaning each other...we are demeaning the rules, not ones who abide by them and just do their jobs....

[guiLT]

You'll get it fixed ASAP! Don't worry.

[jrc1122]

Originally Posted by brantley847

With all due respect....Wrong...this is a common misconception, and I have no idea why. Parking lots are private with a public access stipulation. This is supported by Case Law from the U.S. Court of Appeals..This is why officers can complete crash reports, issue citations, and make arrests on these pieces of property without permission from landlords. If an officer told you this one day....he was wrong and probably trying to avoid paperwork

For example, you crash into someone at best buy parking lot. Best buy owns the property but has granted access to the public (its consumers). They are no longer limited by the private property statute or civil liability. A truly private piece of property puts ALL civil liability on the owner....no landlord wants this.

So to the original poster. I really hope you got a police report with confirmed policy information

Now maybe your law is completely different in Cali, but these were cases set forth by federal....again, not to be a dick...all due respect. If this guy is from Boca then he is permitted to contact law enforcement and have a report completed.

This!

My first ever accident was in an apartment complex parking lot. Cops came, wrote a report.

Another example- My car was broken into at work (teenager)- at a breakfast fastfood joint. It was a place called Biscuitville (Man I love their biscuits. mmmm) Cop came and file a report,

Another example- My ex hit a person in the parking lot of the shopette on an AF base.. (a report was written)

Another example-- an accident happened with a POV and a GOV in a mall parking lot (a recruiter and a citizen)--- I witnessed it,, Cops came and wrote a report..

So case law is great... but real life experiences was enough proof for me.

[jrc1122]

and that was NC, CA, and PA... not just one state.

[vuduman67]

Originally Posted by ddunerider

$986 sounds way cheep tuff luck ....I jacked mine up yesterday $1150 for this repair..

Whats the labor rate there? Just curious.

[ddunerider]

Originally Posted by vuduman67

Whats the labor rate there? Just curious.

I,m getting a deal at the body shop I know the painter he painted the stripes on and this is a good body and paint shop in Orange County 38 per hour!!! What other shops 65-70?per hour its my 3rd trip there.