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Unfair Police Report

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by jlam08, Feb 12, 2008.

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  1. jlam08

    jlam08 Law Topic Starter New Member

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    I was involved in an accident in 2 months ago. While getting on a freeway ramp with two entrance lanes, the car to the right of me ran into my lane and hit my passenger side. The police dept. had a backlog and the report finally came in recently and the police determined that it was my fault! This is so unfair, as 1) the other driver was on the cell phone and caused the accident with his carelessness, 2) the CHP officer didn't even looked at my car for damages, 3) the CHP officer had an attitude towards me and I'm guessing already determined it was my fault because I'm an asian female driver. How can I appeal this report? The other car's insurance now declined to pay for my car's damages.

    I am 100% certain I was not at fault - I've gotten on this ramp daily for the last 5 years without any problem. I can just pay for the damages and move on, but this is so unfair! I bought my car new 8 years ago and had never had even a ticket! Now I have to pay for damages caused by this idiot driver on cell phone and an incompetent CHP officer?! Will this go on my driving records and affect my insurance? :mad: :(
     
    Last edited: Feb 12, 2008
  2. triplesec

    triplesec New Member

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    Sue them under small calims procedure. It's cheap. Get the cellphone records of the other driver. Send a letter tot he district prosecutor where you were ticketed to get this info if necessary. though I presume you have the details of the other driver, you can send a discoverly letter to that driver. Look online for more info abougt "discovery". Ascertain the time of the accident.
    Take pictures o the intersection if possible. Draw diagrams. Interrogate the other driver under oath. Make your case.

    Perhaps in court question the officer so he demonstrates his discriminatory bias and racism. HArd to do, and probably easier with a lawyer, but maybe possible.
     
  3. CdwJava

    CdwJava Moderator

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    Yes, the determination of fault will go on your DMV record as a point against your license. But, you can challenge this through an Administrative Hearing process - check the DMV website or call their office.

    Second, insurance companies are not bound to follow the assignment of fault in the police report. They can ramnk fault as they see fit.

    Third, what code section was indicated as being the PCF (Primary Collision factor)? That should be in the upper left hand corner of page 2 on the collision report.

    Also, in the middle of the page there is a heading called, "Associated Factors", what are those code sections or narrative entries? And against whom? Party 1 or party 2, and which party are you?

    EDIT: Holy cow! I just noted that the original posting was made 11 months ago! I don't expect anyone will reply.

    - Carl
     
    Last edited: Jan 6, 2009
  4. sleepyboy

    sleepyboy New Member

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    Advice needed

    Carl,

    I was involved in a severe accident. The collision report is unfair to me claiming I am the only one at fault. I know the insurance companies are not bound to follow the assignment of fault in the police report. I just feel it is not right. What is the correct procedure if I want someone at a higher level withing the CHP to review the repot one more time? Can a lawer represnet me to make the request? Will I get a notice from DMV later on? I am ready for Administrative Hearing process but just don't know when should I make the request through DMV. Thanks.
     
  5. CdwJava

    CdwJava Moderator

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    The collision report, once approved, cannot be modified. If you can make a plea and convince a supervisor to make an amendment to the report, that's fine, but I would not count on it once it has been approved and submitted.

    Note that CA collision reporting can make only one party at fault. Insurance companies and civil courts can assign shared fault, but law enforcement cannot. The law enforcement collision report can assign an "associated factor" to one of the other parties, but they are not assigned a share of the fault so far as the collision report is concerned.

    You can contact the DMV and see if you are eligible for an Admin Hearing ... http://www.dmv.ca.gov/dl/driversafety/dsadminhearing.htm

    - Carl
     
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  6. sleepyboy

    sleepyboy New Member

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    Thanks for your prompt response. It is really helpful.
    I tried to locate PCF and associated factor codes as you mentioned but I couldn't.
    Does the collission report alway have those codes? Are the report in the same format through California?
     
  7. CdwJava

    CdwJava Moderator

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    It should have been written on what is referred to as the "CHP 555". On page 1 will be the basig information of the parties, involved, and on page 2 it will contain check boxes for a host of information including a place in the upper left corner for the PCF. Note, that this page 2 may be some later page if there were more than three parties (vehicles, cyclists, or pedestrians) involved in the collision. It should also be listed in the narrative of the collision report under the heading, "Cause".

    - Carl
     
  8. sleepyboy

    sleepyboy New Member

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    Checked the report throughly. None of codes listed for PCF and associated factors.
    Are those codes important or required? Does that mean anything for the insurance company or the civil courts? Many many thanks!
     
  9. CdwJava

    CdwJava Moderator

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    You said it claims you are at fault ... how does it claim you are at fault if it does not cite the relevant Vehicle Code sections, or describe some other unsafe or unlawful action?

    The PCF (Primary Collision Factor) should be a Vehicle Code section ... such as 22350, or, 22107, etc.

    - Carl
     
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  10. sleepyboy

    sleepyboy New Member

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    Got it. 22350 is the code. Seems there is no associated factor in the report.
    Thanks.
     
  11. CdwJava

    CdwJava Moderator

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    Then that would mean that under the section titled "Other Associated Factors" on page 2, it should have the box for "none apparent" (I think that is the term) checked.

    - Carl
     
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  12. sleepyboy

    sleepyboy New Member

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    I would like to study for Vehicle Code for possible associate factors from the other party to include it in my statement. Any resource? Could I email you more details about my accident for further help? Please email me at elite137@hotmail.com. Thanks!
     
  13. CdwJava

    CdwJava Moderator

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    You can post the details here as best you can. There may be others who might have some input.

    What "statement" are you referring to? If you are not going to trial for some violation, then this statement would only be for the insurance companies, or, for your administrative hearing with the DMV. But, the DMV and the police/CHP are only going to be concerned with the one assignment of fault, so if they feel that your part in the collision was, indeed, greater than the other party's, then the fault will stand. Now, your insurance company might be swayed to back you. But, it is likely that the best you can hope for is a roughly 50/50 division of fault.

    What has your insurance company said about the matter?

    Oh, the Vehicle Code can be found online at:

    http://www.leginfo.ca.gov/calaw.html


    - Carl
     
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  14. sleepyboy

    sleepyboy New Member

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    I hit a car had a solo accident and stopped in the carpool lane facing the wrong way. I didn't see any light or signal and collided into the front of that car at speed about 70 mph without break. It was dark without street lights and after midnight. According to the report I am at fault due to vehicle code Section 22350. I would like to point out obvious violation(s) from the other party as associate factors, at least, if CHP let me add supplemental statement. I know the speed limit is 65 mph. But it is pretty normal that people drive at 70 mph in the carpool lane even during traffic hour. It is abnormal that a car stoped in the middle of the carpool lane facing the wrong way, without light/signal at dark night. I could get killed by trying to avoid them even if I saw them. Any inputs? what is the code for blocking the trafic?
     
  15. CdwJava

    CdwJava Moderator

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    If I understand this right, you struck a car that was stopped facing the wrong way in the car pool lane after that car had been involved in a "solo" accident (presumably against the concrete divider or a post) ... is that correct?

    Wow! You're lucky to be alive! So's the other guy!

    You can always write a supplement, but it won't change the determination of fault. You were moving, the other car was not. While there may be Associated Factors to include poor lighting and a previous accident that left the vehicle in the roadway, the onus is still upon you to drive at a speed that allows you to safely adjust to changes in traffic or conditions.

    Your argument about associated factors might effect the various insurance adjusters' evaluations of the issue, but not the state's determination.

    CVC 22350 is also the basic speed law. It states:

    22350. No person shall drive a vehicle upon a highway at a speed
    greater than is reasonable or prudent having due regard for weather,
    visibility, the traffic on, and the surface and width of, the
    highway, and in no event at a speed which endangers the safety of
    persons or property.
    Given the conditions, the law essentially says that you should have been driving at a speed sufficient to permit you to observe conditions far enough ahead of you to permit you to brake or deviate to avoid a collision.

    After a collision, there would be no code as a CVC violation requires some measure of general intent to be blocking the roadway. The fact that the car was there in the middle of the lane is a sufficient associated factor I would think, but it would difficult to apply a CVC section because of the fact that the action was not (we assume) intentional. None of this would change the basic assignment of fault since the collision report and state reporting rules allow the assignment of fault to only ONE party.

    What has your insurance company had to say?

    - Carl
     
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  16. sleepyboy

    sleepyboy New Member

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    Yes.

    It is still under investigation.

    So it is no need for an Administrative Hearing process with DMV since I was the moving car driver?

    -Sigh- I am glad that I am still alive. I just want to have a fair result to both parties.
    Thank you for all your help. Hope everyone here drives carefully.
     
  17. CdwJava

    CdwJava Moderator

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    If you can get an Admin Hearing from the DMV, I'd do it. But, until they have assigned you a point, I don't know if you can get the hearing, You can always call them and ask what the procedure is - I really don't know.

    - Carl
     

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