Ive got in an a car accident about few weeks ago, and its still being investigated. The stupid part of this all was that i only had one way insurance cause if figure i could of could of drove few months without getting into an accident to save some money cause this upcoming September i have my license for 5 years. At this point the case is still being settle, but doesn't look too good, i think they are trying to claim that its my fault, due to traffic violation. I dont think this is right at all, i mean i had the green light, so when it turned green i proceeded and when i merge on to the lane, thats when the accident had happen. A police came on site swap our information, got the cars towed and i also receive a citation. Last time i talk to them was about about couple weeks ago, i havent heard anything from them yet, what do you suggest i do? Give it some time or call them back?

 

Investigations can take quite a while. . .but honestly mate, they probably just took the paperwork and hid it in a pile of other accident rubbish. . .

did the other driver receive a citation as well?

 

Fight the citation! Make calls find out as much information as you can. You don't want to have a citation at the scene of an accident. This is to cover you in the future if the other driver decides to come after you in a civil matter. In traffic court or criminal depending on the circumstance, the burden of proof is more than in a civil. So if you are convicted in a criminal or traffic court you are automatically seen as guilty in the civil matter what(Not always be nearly ALWAYS). Also if you both got citations and you win your case, your insurance will have more ground to stand on to be on your side. Or you can sue the other party for your losses and repairs if your insurance doesn't cover you(If you win of course).
It sounds like you were both at fault though also known as Contributory negligence. If you both were trying to merge and neither seen each other that might be the case.
Goodluck either way.

 

Fight the citation in court. You'd be surprised at how many of my friends have gotten citations for accidents and have had them tossed out in court for as something as simple as the ticket not being written, officer not showing up in court (they often don't for accidents unlike stuff like speeding).

As mentioned by xsh0tya, it will help your insurance company a whole heck of a lot when they can go into negotiations and show you weren't found guilty in court (regardless of how you got off).

 

Yes that is exactly that im doing right now, Ive just received the court fee notice, so im gonna pay it off and sent it to the mail, and hopefully get a date with in a week or two!

 

That is good to hear man

 

Also man, you mention that a bunch of your friends have got their citation reverse, and i was wondering if there are any tricky question they would be asking? For example, "do you understand what you have done is wrong? So i dont want to be too honest, where it doesnt look like i have any defends, and i dont want to be too defensive, to the point where the judge not buying it. I have never appeal for a citation before so i want to be ready when the day comes!

 

What I strongly recommend is you get yourself a good traffic attorney. I'll say that twice. Down here I know of a guy most of my friends use and it's about $69 a citation. The accident ones are usually easy, because those are the ones the cop won't show up for usually (cop most of the time never saw the accident, so what he is going to testify about). In addition, some times (and I need to add to my earlier statement) the ticket's are not written right. It could be as simple as the citation saying statute 126.10 and not 126.12 or not even being legible.

The problem with the accident ones is if the other party involved shows up (that's why it's good to have an attorney to try to knock the citation out early on technicalities), but you'd be surprised how often they won't show up either and the case gets tossed. Usually the times the other party will show up is if the party got hurt (not just the car).

However note, even if you get the infraction tossed...the insurance company will still ding you (less so than if you were found guilty).

The judges I have seen the few times I've gone there with friends and one time with a family member didn't ask much of the lawyers or those that defended themselves. Either they bought you're argument or they didn't.

I think probably the biggest issues that is talked about in these courtrooms is officers writing driver was reckless or careless and the judge telling them they didn't get it right in citing that person's behavior as either one of those.

 

^^^ Agreed. You want to represented by lawyer on this one. There is too much at stake especially since this is your first rodeo.

 

Aite sounds good bro, ill keep ya updated with the case and everything!

 

I called the insurance yesterday to see the status of my vehicle. At first i called the other parties insurance, they told them they wasnt dealing with it any more, and i would have to call my insurance, cause they are now handling it. What i dont get is that for the past month i been dealing with the other party with this claim, and now they telling me that they are not dealing with it anymore. So as i was talking to my insurance about whats going on, they said its my fault and i wont be cover. Im like is there a reason why im not being cover? And she goes we are basing this fault of your story and the citation that you received that day. The whole time, the representative was like acting like a child, got me pretty stress forreal, like i had to be specific with her in order to get an answer out with her. Im like ok..since both parties are not paying for the claim, i want to fight, where do i go? And she goes its your fault, thats what you get for not buying full coverage..im like i understand that, but i know im right somewhere along the line, than i go.. is there any where i can bring this case to court and appeal it? And then she finally cracks and tell me that they have been a subcharge being sent to my house this morning...im like wow these people are ridiculous, you mean to tell me i havent heard from you in two weeks, have me call you find out whats going on with the case, and you gonna tell me oh well we just sent you a letter this morning, to let u know that we are not playing the claims and that you would have to fill out a form for an appeal. In my mind im like ok, last time im gonna get a policy with them, but with that said and done, i now have 2 court pending, which is all gonna decided whether im going to go my car back or not. Not only my insurance wont being paying if i win the case, but i would have to go back to the party to get it. Which is really confusing cause these people are not on point of their job, and seem really careless.

 

What do you expect from insurance company when you don' thave full coverage?? They would verbally gurrantee you everything when you buy the insurance but those are all BS. Even this is not your fraud and you got a case, they will most likely charge you a 20% settlement fee for fighting the case for you.

In your case, you will most likely get pays only if you file a small cliam against the other owner/driver's, not the insurance compnay (the owner/driver will forward the court summon to their insurance company and that when they decide to pay you or not. They will something when they think it snot worth to go to the court.

I have full coverage so I get to yell at my insurance agents when ****s happen!!

 

I dont think we arre on the same page here, I know that the insurance wouldnt get a hoot if u win or lose, juz the customer service is horrible. And for the court situtation, I wouldnt think the other driver that I got in accident with would have too come in since he already got his case settle, this would have to me proving to the insurance court why im not at fault. If im correct, this is wah subcharge case means..

 

If you can prove this was not your fault it wont be on your driving record. So if you switch insurance companies it wont hike your prices up. However, Im confused with your case because your insurance has already settled the case.

 

Well the situation with case is that i only have one way insurance. They are basing the claim of my report and the citation that i have receive. If i didnt receive the citation than id probaly of won the case, but since i got a citation, they really dont want to investigated any further and just base it off the facts. That is why im gonna appeal the citation, hopefully get it reverse, so i have a good advantage when i go to the surcharge appeal.