Auto accident

[Justin Castruita]

Jurisdiction

North Carolina

I was in an accident recently, I was sure my light was green but the lady says the same thing and because she has a witness they gave me the citation of running a red light. I didn't have a witness because the cars that were behind me just went around us which they wouldn't have been able to do if the light was red. It was in my girlfriends car insurance said it was totaled, I believe they've covered the others person's repairs and issued my girlfriend a check for whatever remained after paying off what she owed on her lease. My question is how should I handle this for myself? I was originally told not to pay the fine because that would be an admission of guilt but at this point I think everything is pretty much over right? Should I just pay what they're asking to avoid going to court and just attempt to have the citation deferred?

 

[adjusterjack]

My question is how should I handle this for myself? I was originally told not to pay the fine because that would be an admission of guilt

Well, not paying the fine is an automatic conviction and goes on your driving record anyway.

That your gf's insurance paid the other driver means it accepted liability on your behalf.

Should I just pay what they're asking

Who is "they"? If you are talking about the fine you'll have to check with your court as to deferment or traffic school.

I didn't have a witness because the cars that were behind me just went around us which they wouldn't have been able to do if the light was red.

Your perception could have been way off because of the collision. The red light could have turned green right after the collision.

at this point I think everything is pretty much over right?

Pretty much. Your gf's policy is likely to be surcharged quite a bit so you might want to kick in that part of the insurance cost when it happens.

 

[mightymoose]

As for your citation, show up in court and have them prove the case against you.
The witness may not show up and it could be dismissed. You will likely have to pay the fine while awaiting your day in court. The fine would be reimbursed later if successful in court.

Have you exhausted all options trying to find video of the intersection, whether from traffic cameras or any nearby buildings?

 

[Zigner]

I agree - even if you 100% know that you did it, you still have the right to your day in court.

 

[flyingron]

In NC, you also have the option of PJC. Unlike in Virginia, they don't routinely subpoena the victims of car accidents so I agree there's a good chance that there's going to be no proof if you go to trial. The officer can not testify about what the other driver or their witness said (though he can testify about any admissions YOU made).

 

[zddoodah]

My question is how should I handle this for myself?

Given your statements about how the insurance has handled the matter, I'm not entirely sure what you're asking.

I was originally told not to pay the fine because that would be an admission of guilt

Told by whom?

but at this point I think everything is pretty much over right? Should I just pay what they're asking to avoid going to court and just attempt to have the citation deferred?

What you should or should not do is not for anyone here to say. You certainly could fight the ticket. The cop who issued the ticket can testify about what he or she observed, but his/her testimony about what someone told him/her should be inadmissible hearsay. Perhaps they'll subpoena the other driver and the witness to testify. Perhaps not.