unsafe lane change in nj from accident

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frontoftheline

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me and another car got into an accident back in december, and i was issued a ticket for an unsafe lane change. the reason i was given this ticket was becasue i changed from one lane to another as the lane was starting up, but another driver was already in that lane since he had been drivng up in the shoulder attempting to pass on the right. The cop issued me the ticket back at the police station, stating that "the lane started much further back and the other driver was driving in the lane". this is incorrect, and i have picutres to prove where the lane actually starts, and the cop has a diagram of where my car was hit (right at the begining of the lane). anyway, im still fighting to get rid of this ticket, but i was reading some forums and read something about a cross complaint. the only reason i ask about this is because i recieved a letter the other day from my insurance company dropping me becasue of this "at fault accident". im only 18 and since im considered a new driver im on a strict policy and this one accident alone was enough for them to drop me off their plan. what should i do to make this a no fault or his fault accident instead? btw all i did was claimed not guilty so far and my court date is sometime in may.
 
The first thing is to beat the ticket. You don't have the experience to represent yourself in court so you really need an attorney. It will be cheaper in the long run as you have already found out about the insurance. Once you beat the ticket you will need his assistance in getting the report changed with the DMV. You will still have an accident listed but it will be a not at fault. If you don't have an attorney try the find an attorney link on this site. Only if no one is listed send me an email for more resources.

Which company paid for the damage? If it was your company ask your attorney about notifying them that it was not your fault and the other driver's company should pay so the loss will not be on your record. If you paid a deductible consider filing a small claims action against the other driver.

Never make any statements to your insurance company or theirs until you know all of the facts and consequences. In many case it is best not to even make any statements to the investigating officer until you have consulted with your attorney. This is a common mistake. Not a true case but a good example. Car pulls in front of dump truck and stops. Driver of car taken to hospital. Driver of dump truck admits to officer that he was 10mph over the speed limit. Later it was determined that driver of car was legally drunk at 0.16. Driver of car collects huge insurance settlement because of admission by truck driver.
 
You can beat it!

Last night, I had not read your thread, I cam across an accident report from Kenilworth. I rec'd not ticket but they tried the at fault gambit. Find out the mgr's name of the Allstate regional office & explain as you did in the thread. If you dispute it they will likely reverse it. My mva, I passed a car on the right thatwas on my left w/the l blinker on & made a RIGHT. She was 18 & said she was making a R w/her R blinker on but my argument & a diagram I sent won the day. I AM NOT SO SURE you NEED A LAWYER for municipal court. Fight the ticket & bring a witness, no witness bring your outline of arguments along w/ a diagram of yours to go along w/the mva rpt from the clown masquerading as a law enforcement official. If you lost in MC, it is easy to appeal to the Superior Court where they frequently reverse the less competent MC judges ... do not be reticent, it is not that difficult & when you represent youself the courts & judges treat you w/kid gloves BECAUSE THEY HAVE TO OVERSEE YOU RIGHTS
 
I ALWAYS MAKE TYPOS!!!! Last night, I had not read your thread, I cam across an accident report from Kenilworth. I did not ticket but they tried the at fault gambit. Find out the mgr's name of the Allstate regional office & explain as you did in the thread. If you dispute it they will likely reverse it. My mva, I passed a car on the right that as on my left w/the l blinker on & made a RIGHT. She was 18 & said she was making a R w/her R blinker on(of course!!) but my argument & a diagram I sent won the day. I AM NOT SO SURE you NEED A LAWYER for municipal court. Fight the ticket & bring a witness, no witness bring your outline of arguments along w/ a diagram of yours to go along w/the mva rpt from the clown masquerading as a law enforcement official. If you lost in MC, it is easy to appeal to the Superior Court where they frequently reverse the less competent MC judges ... do not be reticent, it is not that difficult & when you represent youself the courts & judges treat you w/kid gloves BECAUSE THEY HAVE TO OVERSEE YOU RIGHTS.

* The one who hit you & was at fault is likely to fold when confronted w/the facts & the courts are used to dealing w/imcompetent, perjurious cops, unfortunately, on a frequent basis. I'm not using a broad brush to smear cops , but the truth is the truth!!!

R J Hansson
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... a lawyer ... ?, a further

... for the reasons I mentioned, unless you have a lot of dispoable income, I am not sure it would be cost effective to retain Counsel ...
 
sorry ... just thought ...

... practically 100% of the time, if you do not want to risk a loss at a MC trial, they will let you plead down to a mv w/no points but THEN you still pay the fine + costs!! GOOD LUCK!!
 
To RJ

The reason I recommended an attorney is as follows:

The OP is 18 and has no experience in legal matters.

Losing will be very expensive in insurance costs.

He has three separte entities to deal with. The court, the DMV and his insurance company. He needs to contest the dropping of his insurance and they will only listen to an attorney as will also be the case with the DMV. Beating the ticket in court is only the first step. If the deductible is an issue the attorney can make a demand on the other driver and may collect. We are talking probably 800 to 1500 in attorney fees and I imagine his insurance increase in one year could be that much.
 
... perhaps ...

I, honestly, cannot disagree with your arguments. The most salient question, I believe is whether or not front can elocute and to what level, he need not be William Jennings Brayant. As I said earlier a case such as this could be pro se heaven as well as the fact that, especially at the Superior Court (the next level in NJ, other states?) level the rights and best interests of a pro se are safeguarded as most judges would rather be castrated than oversee a breach w/a pro se involved and be reversed! Nonetheless, your points are well taken and largely correct. The cost/benefit of the options need to be weighed care-ully.
 
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