Civil Court Advice

[NicoleWalkerPA]

I FINALLY have my day in court for an accident tomorrow - the issue is a woman pulled out across 2 lanes of traffic to travel the other direction. SHe was found 100% responsible for the accident and cited for improper entrance to roadway. Her insurance company offer 70% of damages which total $4500 stating because I hit the side of her car that demonstrates to them SHE HAD CONTROL OF MY LANE!? This was state route and has 2 lanes going east and west bound with a center turning lane and she tried to bolt across 2 lanes of traffic to travel the opposite direction.

I have a question about going to court as it is my understanding the traffic report completed by the state trooper is not admissable in court?

What about the fact she was sited for the accident - can I use that part or NONE of it?

I have a notarized statement from a witness who was travelling in the lane next to me that when she went to make a right hand turn the woman in the car pulled out in front of me...

If I cannot use the accident report as part of my case ---when I say the driver was cited under code such and such ---do I have to produce documents to prove that fact? How do I prove that without the accident report?

ANy input is greatly appreciated. I did consult 2 attornies who basically required 30% of the claim to represent me (which meant I may as well have taken the settlement... so I decided to take it to civil court myself as this is so cut and dry ...or at least seems that way. I am not seeking anything but actual repairs - no injuries - no loss of use of vehicle etc...

 

[Michael Wechsler]

I FINALLY have my day in court for an accident tomorrow - the issue is a woman pulled out across 2 lanes of traffic to travel the other direction. SHe was found 100% responsible for the accident and cited for improper entrance to roadway. Her insurance company offer 70% of damages which total $4500 stating because I hit the side of her car that demonstrates to them SHE HAD CONTROL OF MY LANE!? This was state route and has 2 lanes going east and west bound with a center turning lane and she tried to bolt across 2 lanes of traffic to travel the opposite direction.

I have a question about going to court as it is my understanding the traffic report completed by the state trooper is not admissable in court?

What about the fact she was sited for the accident - can I use that part or NONE of it?

I have a notarized statement from a witness who was travelling in the lane next to me that when she went to make a right hand turn the woman in the car pulled out in front of me...

If I cannot use the accident report as part of my case ---when I say the driver was cited under code such and such ---do I have to produce documents to prove that fact? How do I prove that without the accident report?

ANy input is greatly appreciated. I did consult 2 attornies who basically required 30% of the claim to represent me (which meant I may as well have taken the settlement... so I decided to take it to civil court myself as this is so cut and dry ...or at least seems that way. I am not seeking anything but actual repairs - no injuries - no loss of use of vehicle etc...

I'm not sure that the accident report is inadmissible - the court may state that it is hearsay. But you may be able to claim the "business records exception" that it is prepared by the police department in the ordinary course of its "business." Don't know if it will work. But do realize that even if you can somehow get it in, it is only good for what it says - that someone took down a report after an accident occurred and transcribed what someone may have said or evidence at the scene. The problem here is that the officer will probably not be available to be cross examined and would have what to say? He/she didn't actually see the accident.

Here is what I might do before court - but I don't know the situation and it's up to you entirely what you choose to do. I might play hardball with the insurance company and put in all your damages, e.g. physical, etc. I might tell them that if you go to court I would ask for it all. Let them come back and give you a better number. Insurance companies are notorious for lowballing victims and usually they will put up a better number if you go back to them as per the above. They may offer a number very close to or exceeding what you are really looking for.

What might you do if you don't get that number?
(1) Use as many pictures as you can to prove your case as to what must have happened.
(2) Find witnesses if you can.
(3) Keep all your paperwork. You can always cross examine the defendant about the summonses or another fact of the case and, if falsely answered, you can also bring in paperwork to show the defendant's perjury by "rebutting" the testimony. Note that the summonses should be a matter of fact you could bring in but it's still not proving your case.
(4) Ask for all the damages you could be entitled to - the judge may at least grant you the money you deserve even if it's not 100% of what you are asking in one area. Don't be "righteous" in this regard because you are entitled to these damages and can choose not to take them if you don't want to. Hopefully this helps you think about it another way.
(5) Be very prepared to show why the accident must have happened the way you state - put it all together before trial so it will be second nature when you are there.

These are just ideas off the top of my head. I hope they help you and I wish you the best of luck.