Last Night, I was involved in a two car accident. In Columbus, OH. Althought, I was not at fault, I got a citation even though I told the Officer that took the report I didn't cause the accident. Here is what happened in my words: Upon traveling west bound on a major street in my neighbourhood(this steet is wide enough to allow people to park there cars on either side of the street as well allow traffic to travel both way. there was an SUV in front of me. We approached an intersection of a cross street with a caution light flashing. The SUV slowed down and moved over to the right and cleared my path. Although, the SUV did not indicate that it was going to turn (no turn signal) The driver went ahead and made the turn. In doing so, I moved forward and was about to leave the intersect when I barely noticed that the Driver of the SUV decided to do a turn around. (U-Turn) The law in the Columbus area states no U-Turns allowed unless otherwised posted. Upon the the SUV Uturning I was hit on the right side of my car. the damage is from the quarter panel to towards the rare. Before the City Police showed on the scene the driver of the SUV apologised to me and said she was sorry and that they were lost. I didn't have anyone with me but she did. Upon the Police taking our information. The Police Officer claims it was my fault. and cited me. Saying that I passed the SUV and didn't give the SUV time to complete its turn. However, I do not believe this to be true. Because as I mention previously, I did not have to enter the opposite directions lane in order to continue through the intersection. So, now I have to either pay the $90 citation, or contest it. Upon waiting for the Police to show up on the scene I made a call to my insurance agent and was told I didn't have any insurance. I then proceeded to purchase insurance over the phone. When the officer took my information she did not ask for proof of insurance. But, upon returning to give me the citation is when she had asked if I had proof, I told here I only had my previous insurance policy info but I did have insurance and she then told me that to make sure I brought that with me on and reccommend that I contest the citation. I understand that my insurrance will not cover this claim and I am not filing a claim with them. I was told by my agent it would be best to file against the other drivers insurance. I have explained the situation to the other insurance agent and she was helpful. I was told by the other insurance agent that someone would be in contact with me within 2- 3 Business days. My court date is this coming friday 02/18/05 And I have up to that date or on that date to pay the citation or on the date appear and contest it. I hope someone could advise me what I can do and if any I am going to face. As I am financially strapped and the only reason I was able to get insurance over the phone is that I just came into a credit card... So, Please if there is anything I can do to soften this blow or prevent myself any serious trouble I would apprecaite it. There were no reported injuries, and I am not interested in gain anything other then being cleared of the citation and hope that I am not in trouble with regards to my insurance situation.
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Accident Not My Fault No Insurance At Time, But Now Have
- Thread Starter iCrew
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Since you had no insurance the other insurance company will be looking to you to fix the other person's vehicle and pay any medical claims. Medical claims can show up even though no one claimed they were hurt at the time.
What you need to do is to contest the citation. The other driver made an illegal turn and you should have insisted on the other driver receiving a ticket even if you had to request a shift supervisor to come to the scene. I know this is difficult under the circumstances but you always have to stand up for yourself.
You did not receive a ticket for no insurance so this is not an issue with the traffic court. Call the clerk of court and find out the procedures for entering a plea on not guilty on the illegal passing charge. Usually the other party will not show and yours will be the only testimony. The officer did not see what happened and you can limit his testimony and usually even get the accident report excluded. You should also consider a consultaion with an attorney.
What you need to do is to contest the citation. The other driver made an illegal turn and you should have insisted on the other driver receiving a ticket even if you had to request a shift supervisor to come to the scene. I know this is difficult under the circumstances but you always have to stand up for yourself.
You did not receive a ticket for no insurance so this is not an issue with the traffic court. Call the clerk of court and find out the procedures for entering a plea on not guilty on the illegal passing charge. Usually the other party will not show and yours will be the only testimony. The officer did not see what happened and you can limit his testimony and usually even get the accident report excluded. You should also consider a consultaion with an attorney.
Thanks for the advice...
Iwpat,
Thank you very much for the information. Truly, I never thought about insisting that the officer should site the other driver... But, I know I am right about this. What bothers me most, is that this will be with me for a while in my mind. I don't get over things like this very easily. Additionally, today I went back to drop off the videos I barrowed from B.B. And twice I would have been in yet another accident. Once one guy decided to shoot out from a cross street. He didn't bother to look my way when he did this. I was so close to him that I could see him look in his side mirror and then he really sped up knowing he almost was hit. Then when I pulled in to B.B. Parking lot some idiot ran through and had I not seen him speeding through I would have hit him. Maybe I need to move out of Columbus, OH??? (hahaha)
Last, I recieved a call from a friend of mine that just dropped me off from a day out and about and he says you are not going to believe this... I was just rear ended...
Again, thanks so much for the response. No matter what the outcome I think sometimes its just being heard that helps the most!
Iwpat,
Thank you very much for the information. Truly, I never thought about insisting that the officer should site the other driver... But, I know I am right about this. What bothers me most, is that this will be with me for a while in my mind. I don't get over things like this very easily. Additionally, today I went back to drop off the videos I barrowed from B.B. And twice I would have been in yet another accident. Once one guy decided to shoot out from a cross street. He didn't bother to look my way when he did this. I was so close to him that I could see him look in his side mirror and then he really sped up knowing he almost was hit. Then when I pulled in to B.B. Parking lot some idiot ran through and had I not seen him speeding through I would have hit him. Maybe I need to move out of Columbus, OH??? (hahaha)
Last, I recieved a call from a friend of mine that just dropped me off from a day out and about and he says you are not going to believe this... I was just rear ended...
Again, thanks so much for the response. No matter what the outcome I think sometimes its just being heard that helps the most!
I defended myself and won!
Just to say thank you, to all that helpped me with my situation. March 7th, 2005 was my last court date (that I am aware of) Upon my appearing I spoke with the proscutor and she wasn't very nice nor too helpful. I was asked if I had an Attorney, I said no I was told If I needed one to ask for a continuance. The prosecutor snaps and say this is my court date and that I can ask for one but the Judge was not likely gonna give me one. then proceeded to tell me in scare tactic that the Cop that wrote the ticket was there and that the other driver of the SUV and her passenger was there to testify against me. I said thats fine and before I took my seat she comments that If I decide to continue that the case would be the last one heard for the day. I told her that's fine I had all day to waite.
Time came for my case to be heard. The cop told her story which what she said was true, other then the fact that she gave me a ticket from what the other driver told her and from the advice of a passerby cop. She also, told the Judge that she had been on the force for over 2 years and that she was an accident expert. This was how she came to the conclusion that I broke the law. The Judge asked me if I had any questions for the cop and I said no.
Next, The Procescutor then called the driver the SUV, and right there the that driver lied and told her story... Which part of it matched what I said that happend. She and her girlfriend where looking for an address. In doing so, (myown words) she was not paying attention to the traffic or the road. And her and her girlfriend claimed the same thing. then said that I drove around her onto the left of center. (Which is not true). After, the Judge asked me if I had any questions for them. I again declined. After, the Judge then indicated that I didn't have to defend myself or testify. I mentioned that I would like to proceed. He then told me to go ahead. I gave my statement of what had happend. I then provided pictures of the area where the accident happened and the damaged to my car.
The proscutor then said she had not seen them yet, I told her and the Judge I had no problem showing them to her first.
After submitting my version of what happened, and showing the pictures. I can tell you I was very nervous I have never been to court where I had to play self attorney and I was worried.
After, I completed my story, showed my evidence. I did not have any witnesses or anyone there on my side. All I had was what the Judge was going to rule!
The Judge asked the Proscutor if she had any questions for me. He then took a moment and explained his ruling. The Judge found me NOT GUILTY! due to providing reasonable doubt with both the witnesses stories, and the pictures proved that the road showed there was more then enough room for me to safely pass without going left of center. I am thankful to TheLaw.com, my friend at work with a digital camera and the unexpecting drivers and the UPS Truck that was coming down the road as i took pictures. in doing so I was able to prove my case or at least provide reasonable doubt.
My only worry now is that the other driver (of the SUV) may actually try to take me to civil or small claims court. Nonetheless, its nice to see that telling the truth prevailed here.
Blessed Be.
Just to say thank you, to all that helpped me with my situation. March 7th, 2005 was my last court date (that I am aware of) Upon my appearing I spoke with the proscutor and she wasn't very nice nor too helpful. I was asked if I had an Attorney, I said no I was told If I needed one to ask for a continuance. The prosecutor snaps and say this is my court date and that I can ask for one but the Judge was not likely gonna give me one. then proceeded to tell me in scare tactic that the Cop that wrote the ticket was there and that the other driver of the SUV and her passenger was there to testify against me. I said thats fine and before I took my seat she comments that If I decide to continue that the case would be the last one heard for the day. I told her that's fine I had all day to waite.
Time came for my case to be heard. The cop told her story which what she said was true, other then the fact that she gave me a ticket from what the other driver told her and from the advice of a passerby cop. She also, told the Judge that she had been on the force for over 2 years and that she was an accident expert. This was how she came to the conclusion that I broke the law. The Judge asked me if I had any questions for the cop and I said no.
Next, The Procescutor then called the driver the SUV, and right there the that driver lied and told her story... Which part of it matched what I said that happend. She and her girlfriend where looking for an address. In doing so, (myown words) she was not paying attention to the traffic or the road. And her and her girlfriend claimed the same thing. then said that I drove around her onto the left of center. (Which is not true). After, the Judge asked me if I had any questions for them. I again declined. After, the Judge then indicated that I didn't have to defend myself or testify. I mentioned that I would like to proceed. He then told me to go ahead. I gave my statement of what had happend. I then provided pictures of the area where the accident happened and the damaged to my car.
The proscutor then said she had not seen them yet, I told her and the Judge I had no problem showing them to her first.
After submitting my version of what happened, and showing the pictures. I can tell you I was very nervous I have never been to court where I had to play self attorney and I was worried.
After, I completed my story, showed my evidence. I did not have any witnesses or anyone there on my side. All I had was what the Judge was going to rule!
The Judge asked the Proscutor if she had any questions for me. He then took a moment and explained his ruling. The Judge found me NOT GUILTY! due to providing reasonable doubt with both the witnesses stories, and the pictures proved that the road showed there was more then enough room for me to safely pass without going left of center. I am thankful to TheLaw.com, my friend at work with a digital camera and the unexpecting drivers and the UPS Truck that was coming down the road as i took pictures. in doing so I was able to prove my case or at least provide reasonable doubt.
My only worry now is that the other driver (of the SUV) may actually try to take me to civil or small claims court. Nonetheless, its nice to see that telling the truth prevailed here.
Blessed Be.
Congradulations. Sometimes the system works as it is supposed to. You now have a decision to make. You can file suit for the damges to your vehicle. In my opinion the plantiff is in a better position in court than the defendant. The downside is that they will countersue for their damages.
Have you been contacted by their insurance carrier? I would try to find out the cost of repairing their vehicle and compare it to your expenses. That will help you make the decision.
Have you been contacted by their insurance carrier? I would try to find out the cost of repairing their vehicle and compare it to your expenses. That will help you make the decision.
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