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Who's at fault & what can I do?

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by kpoitra, Nov 11, 2008.

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  1. kpoitra

    kpoitra Law Topic Starter New Member

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    I was involved in a car accident where a vehicle that hit me (vehicle #1) swerved into my lane illegally & smashed into my vehicle that pushed me up onto a sidewalk. Vehicle #1 claimed that another vehicle (vehicle #3) swerved into her lane & that's why she swerved, but Vehicle #3 never made contact with vehicle #1. When the police officer arrived, vehicle #1’s driver & passenger & another witness (who was parked nearby) all said that they seen vehicle #3 swerve, but I did not. The officer questioned the driver of the suspected vehicle #3 & said that based on what the witness & the driver/passenger from vehicle #1 told him, that he found "inconclusive" evidence that this vehicle and/or driver was involved so he let vehicle #3 go without obtaining any of their information. The officer was ignoring me, didn’t ask for my statement, wasn’t going to obtain the witness’s information and frankly didn't do his job! Most importantly, he did NOT issue a citation to vehicle #1 for running in to my vehicle. When I asked him “why” he stated, “it’s not my job to find fault, it’s up to the insurance companies to battle it out.” Now, due to his laxity in this situation, vehicle #1's insurance is not holding their driver liable & they are not paying for my damages. I am being held liable for the damages to my vehicle because this officer didn't do his job. This isn’t fair or right. Vehicle #1 should have been held liable for something. I shouldn’t have to pay for the damages to my vehicle when it was someone else’s fault. What should I do now? Who should I sue?
     
  2. presutin

    presutin Moderator

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    Did you fight the ticket in court? If yes, what was the outcome?
     
  3. kpoitra

    kpoitra Law Topic Starter New Member

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    See, that's the problem. I did not go to court. There was not citation given to either party. I've never been in an auto accident before and so I don't know who I should sue or take to court or how I should go about things from this point. I also do not have the means to pay for an attorney and that's why I'm trying to figure out what I need to do.
     
  4. presutin

    presutin Moderator

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    How about a police report?
     
  5. kpoitra

    kpoitra Law Topic Starter New Member

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    I obtained the police report and, at the time, I was questioning the officer as to how this would play out... i.e. If there was no citation, how would the other party's insurance pay for the damages. Both him (and the Chief of the Police Department, when I called him) said that on the police report, "Vehicle #1" is usually known as the vehicle at fault, but in this case, since the other party was claiming that another car caused her to swerve and an independent witness backed up her story stating that she saw this third vehicle in-fact swerve (even though the officer questioned this third vehicle and found that it was inconclusive and let that party go) the other insurance company is saying that the third vehicle is the cause of the accident and cannot hold their driver liable for my damages. So, the police report's view of how the accident went and that even though the other driver was listed as "Vehicle #1" it doesn't matter to the insurance company and I'm still held responsible for my own deductible and other charges that came from this mess.
     
  6. presutin

    presutin Moderator

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    Hmm... this is definitely not working in your favor. I strongly suggest that you consult with a traffic attorney so you can present all the evidence and he can give you pointers on how to go about suing your car #1
     
    Last edited: Nov 11, 2008
  7. kpoitra

    kpoitra Law Topic Starter New Member

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    Well, like I said, I don't have money to hire an attorney and the only way they would get paid is if I sued & won. However, I've heard of Legal Aid type programs or something in the state of Georgia... do you know where I should start looking or what my best options would be from that stand point?
     
  8. presutin

    presutin Moderator

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    Check with your local court house to see if they know of any pro-bono attorneys or attorneys who work on a contingency basis. Also, call the local bar association so they can refer you to attorneys who provide legal aid. Hope this helps!
     
  9. kpoitra

    kpoitra Law Topic Starter New Member

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    I will do that. Thank you for all of your help and advice!!
     
  10. PILawGirl

    PILawGirl Moderator

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    Were you injured in the accident? Usually the insurance lists the cause of the accident, what does that paragraph say?
     
  11. kpoitra

    kpoitra Law Topic Starter New Member

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    No, I was not injured in the accident, which is another reason why any lawyers will not really help me or take my case.
     
  12. kpoitra

    kpoitra Law Topic Starter New Member

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    What paragraph are you talking about?
     
  13. EdwardHill

    EdwardHill Banned

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    I'll suggest you to go to court if you are innocent. But on the other side if fault is your's then try to talk with the second party.
     
  14. CdwJava

    CdwJava Moderator

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    Mr. Hill, note the date of the last post in this thread ... it is almost 2 years old.

    Sometimes it can sneak up on you so be sure to read the dates of posts if you want to participate in more timely discussions.
     

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