former newt

to anyone who's been in a serious accident, i need some advice and knowledge...

yesterday i was involved in a severe accident that resulted in two totaled cars. miraculously, no one involved (a woman, her husband, their infant child, and myself) was seriously harmed. the accident happened at an intersection of a major road and a smaller one, and of the many people who had to have seen it, only two witnesses stepped up and made reports. while i firmly believe i was not at fault, the witnesses say that i blew the intersection. the man and his wife did not seem to be model citizens, so now i'm almost sure i'm gonna be sued...

i'm about to be a senior, and this is not something i needed...i'm worried about what is gonna happen now, to myself and my parents...

replies direly needed...

DDDDave

Call an attorney TODAY. Don't say anything to anybody else.

Good Luck.

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Tester123

Never admit it was your fault, and yes call an attorney.

onetime2

Did you already call your insurance?

Additionally, you could put up posters or an ad in the newspaper to try to identify other witnesses.

Did you get a copy of the police report already? If not, how do you know the witnesses put the blame on you?

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MSD

Call an attorney, don't say anything even a bit exaggerated, it'll come back to bit you in the ass. If you have reason to believe that the other parites involved are not telling the whole truth, it will probably come out in court. You just have to understand the possibility that you may not have noticed something and were at fault.

If you have a fairly new car, and you're convinced of your inocence, you can request that the black box that records the last few seconds before a crash, and the black box from their car. This will be held in higher regard than the notoriously inconsistent and inacurate eyewitness testimony.

Above all else, be thankful that nobody was hurt. I know that if I was in an accident, even if I was not at fault, and someone was seriously hurt, I psychologically wouldn't be able to drive anywhere for quite a while.

Good luck, and I hope everything works out for everyone involved.

ShaniFaye

Who was ticketed for the accident? When it is available (its usually 2 business days here in Ga before it is) get a copy of the accident report.

I had an accident 4 years ago which resulted in the totaling of my car and me getting the ticket because I was not concious when they took me to the hospital and the "witnesses" didnt speak English( and just so happened not to live in the state). When I got a copy of the accident report they had the entire scene BACKWARDS, fortunately the pictures I had gone and taken a few days after the accident very clearly showed my car could not have done what was drawn on the report as there was no damage on that part of the car at all. The police were forced to change the accident report.

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Moonduck

Do you have insurance? If so, do not waste your time contacting an attorney just yet. If you have insurance and get sued by someone because of an accident, your insurance company is bound by contract to defend the suit (in every state I am used to dealing with at least).

People that tell you that you have to have an attorney are making a knee-jerk assumption that causes nothing other better than an increase in everyone's insurance rates in general. In the vast majority of cases, no attorney is necessary. You can usually work out as a good a settlement on your own.

The second question (after "Do you have insurance?") is were you given the ticket? If you were, it will be EXTREMELY hard to avoid being declared at fault. If you got the ticket, write it off. You will be declared the "at fault" party by pretty much everyone involved. At that point, you get to watch your insurance company throw itself between you and the coming lawsuit. It's what you pay them for.

The only way you'll need an attorney is if you do not have insurance, or your coverage is insufficient. You might find a use for one if you plan to argue the tciket that you likely received. If you want better advice, give me some specifics as to the state the loss occured in, who got the ticket, what sort of insurance you have, etc. If you don't feel comfortable talking about such things in the clear, PM me.

BTW - This sort of thing is what I do for a living.

former newt

a little more info:

i'm in ohio. i DO have insurance. i was given the ticket. no one was seriously hurt (i just have a few minor scrapes, and the mother seemed to be a bit bruised on her legs)

not to sound arrogant, but the other party seemed to be on the "lower" spectrum of society...i'm almost positive they're going to be looking for some reason to sue me...in that case, do i still need an attorney?

I think the car had Progressive insurance...but im not sure....
it is (was) a 1999 toyota camry LE. their car was a late 80's/early 90's chevy cavalier.

the two witnesses that came forward both say i ran the light...i'm so god damned confused. i was so sure i had a green light. the time between the moment of impact and when my car came to a stop and i stepped out was around 4-6 seconds. the moment i stepped out i looked at the traffic lights....the lights on the main road were green and the lights for the other road were red...i was sure before seeing those lights i was not at fault, and seeing them just made me even more confident i wasn't at fault...but the witnesses say otherwise, and i got the ticket...

EDIT: one thing i forgot to add: the cop in charge of the case was not pleasant...i could understand it if there was a reason not to be. my dad had asked him if he could see the witness statements, and the guy exploded...even after my dad apologized and tried to back off he kept up his rant about how had a lot to do and to stop asking him for useless things. he also tried to tell me that i wasn't wearing a seat belt (very forcefully, too) which is BS because when i took it off to get out of the demolished car, it was jammed and loose, laying on the seat. my dad pointed this out, and the officer said "you should teach your kid to tell the truth." a while later, when he was citing me, he told me to get in the police cruiser and shut the door so that my dad could not speak to me. his reasoning was that he needed to ask me questions and didn't need my father getting in teh way and talking too much. he only let my mom listen to what he was saying and my responses when she asked the other cop on the scene if she was allowed to hear the questions and answers.


God, this is soo not needed...

Cynthetiq

UH.. ask that question again and think for a moment before asking. As far as injuries, just because there isn't a visible one doesn't mean that there isn't one.

good luck

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TM875

This is rough, man. Something similar happened to me about 5 months ago. I pulled out from a stop sign (I had stopped, and then proceeded), and a woman traveling in the other direction hit me square on. Never saw her (sun glare at fault).

Anyway, I was never issued a ticket. They never determined fault. But I'm still waiting to get sued.

The legal actions won't take into effect for at least a year. First of all, document everything. Go to the site and take pictures at the same time of day as the accident Try to get the angle that you were facing - there might be some other light source, of the sun that - when reflected off of the traffic light - made you think that it was green. Check the other direction - see if there's any skidmarks (ie: see if they tryed to stop, and how far back) and, most of all TALK TO THE MECHANIC AT THE GARAGE WHERE YOUR CAR WAS TOWED. Most guys who tow wrecks are VERY good at determining speeds at which they happened. The one that got my car had it pinned down do less than 3mph (he said she was going 47-52, she was actually doing 48). This will be very helpful in court (to prove if the other car was speeding).

Finally, if you're still making payments on your car, look to see if you have "gap" insurance - literally covers the gap between the loan and the insured value of the car. Saved me $10 thousand.

PS - take the ticket to court and try to fight it. ALWAYS take a ticket to court. If it gets thrown out, you'll better be able to fight your lawsuit. Even if you lose, it gives you an idea of what the other side will present against you.

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"I've made only one mistake in my life. But I made it over and over and over. That was saying 'yes' when I meant 'no'. Forgive me."

former newt

legal action won't take place for a YEAR?!

i'm planning on applying to combined medical programs (such as BA/MD or BS/MD) would this cause a strain on that? how do courts go about in the case of a senior in the process of applying for college? cuz if they sue later on, that's what i'll be doing!

if this hinders my chances for getting into med school, i'm gonna shoot myself...

i've determined that i'm gonna give a $10K "donation" to my parents every year once i start my career. This is stressful enough for me, i can't imagine how bad it is for them, though they seem to be taking it ok...

pocon1

Thats what parents are for. I had my bad accident when I was 17. also, please stop saying that just because they "are on the lower end of the spectrum" that they will sue. It may have more to do with if they consider you to be at fault and your insurance company plays games with them, then they sue. Consider yourself lucky that no one was really hurt. If there are no real injuries, and their car is eventually fixed, then they have nothing to sue for. People sue for pain or loss of work, stuff like that. Your insurance company has a lawyer.

former newt

i'm sorry. i know what you mean...it's just i'm paranoid about what is going to happen..

and i have a really bad feeling that it will come to a suit, regardless of injury (which was basically none). their baby wasn't scared or crying. the father carried many things out of the car. i didn't get to see much of the mother. from the little i did, she seemed to be a bit bruised and scraped. she walked out of the wreckage much like i did, in a daze, but not seriously injured, and was speaking normally on the side of the road. the only thing the father said to me was, "you ran that red light, that's bullshit man, you ran that light, that's bullshit." a little later his father came to the scene yelling about his son and asking where he was. by appearance and behavior i also had a distinct feeling that he would urge his son to sue.

about the statements and actions of the officer in charge, what should i do about that? should i even address his disrespect and his unprofessional behavior at court? or should it be taken elsewhere?

KirStang

Newt, *from my experience* (working as an intern in a law office), you will be alright.

I'm guessing you have Bodily Injury insurance? Since no one was severly injured, i'm guessing that it was only soft tissue injuries. Unless the baby was all bruised severly beat up (for use as something to sway the jury incase this case does litigate), the most that these people can do is hire an attorney to make a claim against your insurance company (they'll ask for like 80 grand) but your insurance company will most likely settle for...maybe 5 grand? That'll be the end of it. You should be alright, don't worry to much..

The *absolute most* that i've seen an insurance suit settle for was 10k (the max the offender had on BI coverage), but that was because the insurance company did not want litigation and the lawyer had good pictures (kid was run over while on bike and burnt badly by exhaust pipes).

At most, your premium will go up. I don't think you'll have to go to court or dig in to ur private savings.

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former newt

phew...my first thought when i got hit was, "i hope no one just got hurt...myself included." i'm thankful no one was hurt, though the guy in the other car seemed more concerned with placing blame than with the well-being of anyone involved.

well that's a load off...hope my insurance will cover everything...

about my premium, how much might it raise? although i doubt my parents will be willing to let me drive again for a while (they were freaking out when they saw teh remains of the car, and were astounded that i was unhurt) i'm curious.

and again, about the behavior of teh officer in charge, is there anything i need to do about it?

here's the explanation of his behavior, as stated in an above post:

one thing i forgot to add: the cop in charge of the case was not pleasant...i could understand it if there was a reason not to be. my dad had asked him if he could see the witness statements, and the guy exploded...even after my dad apologized and tried to back off he kept up his rant about how had a lot to do and to stop asking him for useless things. he also tried to tell me that i wasn't wearing a seat belt (very forcefully, too) which is BS because when i took it off to get out of the demolished car, it was jammed and loose, laying on the seat. my dad pointed this out, and the officer said "you should teach your kid to tell the truth." a while later, when he was citing me, he told me to get in the police cruiser and shut the door so that my dad could not speak to me. his reasoning was that he needed to ask me questions and didn't need my father getting in teh way and talking too much. he only let my mom listen to what he was saying and my responses when she asked the other cop on the scene if she was allowed to hear the questions and answers.

raeanna74

We were once on the other end of an accident like this. The other person sideswiped us when they changed lanes. They did get a ticket if I remember right. We went to the chiropractor for minor injuries and I saw the Dr for a check on the baby since I was 7 mo pregnant. Hubby and I had whiplash, I had a slightly sprained wrist and a bump on the head. Ends up their Insurance company "State Farm" got our car repaired within a couple weeks. (It wasn't totalled but almost) Later - almost 2 years later the insurance company finally settled with us for around $4,000 I think. We were much more friendly and spoke to the other driver and the people in his car calmly and respectfully. They were concerned for our well being and us for theirs. The overall demeanor of everyone involved was much more friendly than your situation. If they go through the proper processes then your insurance company should settle with them. As long as your insurance company doesn't screw them over then they probably will have no reason to come back on you and sue. In fact if they accept a settlement from your insurance company I don't think they can come after you for any more. Don't quote me on it but I think that's the case.

The only thing to worry about is how much your insurance may go up for the next few years. I wish you good luck on that. You can take a driver's safety course through the DMV to help lower your insurance and the points on your liscence. Good luck.

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"Always learn the rules so that you can break them properly." Dalai Lama
My Karma just ran over your Dogma.

former newt

driver safety courses...it's an idea.


as for points on the license, do they get taken off over time? or do they just stay with you?

raeanna74

Yeah they get taken off over time
It varies from state to state how far they go back.
Some insurance companies only check back around 3 years. Sometimes the points only stay on about that long. I can't remember what it is here in Wis. You'll have to check your local state. Check out the DMV website they might have information for you on points and safety courses too.

__________________
"Always learn the rules so that you can break them properly." Dalai Lama
My Karma just ran over your Dogma.

former newt

well i'm assuming i'm gonna be paying i fine for the ticket, but will that fee be reduced if i take a course?

raeanna74

Probably not if you take a course. But you can go and contest the ticket. If you are respectful and sure of your position they may likely reduce the fine OR the points OR both. It never hurts to contest a ticket. DO it you'll be surprised by the results. Since I've known hubby he's contested 3 tickets I think and it's resulted in at least 3 or 4 fewer points on his liscence at different times. Never helpful for keeping insurance down too.

__________________
"Always learn the rules so that you can break them properly." Dalai Lama
My Karma just ran over your Dogma.

former newt

well my problem here is i have no proof other than my own perspective. the witnesses are against me as well.

if i contest it with no evidence, circumstancial or otherwise, will that really make a difference? if so, i'd better let my parents know...as far as i know, we were planning on pleading no contest.

raeanna74

It can make a difference. Not contesting it automatically admits guilt. Most people don't bother to contest it if they realize they're guilty. Hubby was guilty of going the speed he got a ticket for once but he contested only saying that he couldn't afford the fine or points and asked kindly if they could at least lower the fine or points. They lowered the points for him but not the fine. It didn't harm his record or raise our insurance as much. The officer doesn't have any proof other than "hearsay". It can't hurt to contest. Besides you have your own two eyes. You aren't telling them something that someone else told you. You are a "witness" for yourself at the very least. It's got to count for SOMETHING.

If you don't believe you are guilty then contest it. Even if they conclude that you are guilty they may charge you less points or fine because you present a doubt in their mind that you may actually not be guilty.

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"Always learn the rules so that you can break them properly." Dalai Lama
My Karma just ran over your Dogma.

thebeat

FYI - My brother was in a similiar situation almost identical. My family was sued, the insurance company became involved, got my brother a great lawyer, and the suit was dropped due to lack of evidence of injury.

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PDOUBLEOP

Keep in mind that when you're sued, it goes on your credit report. I was sued for $150,000 because a bale of straw fell off of a truck I was driving and the woman behind me had to swerve to avoid it. That's all that happened. Two weeks later her neck started hurting. After a couple years it was thrown out but it killed my credit the whole time.

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Moonduck

Like I said, newt, your insurance company will get in between you and a lawsuit. People that say "Get a lawyer now!" are clueless. Part of what you pay for is defense against personal injury lawsuits, be it via legal action or settlement. The only time it could hit you is if the person has injuries that exceed your policy limits (example being spinal cord injury causing paralysis from the neck down, loss of limb, etc)

TM875

I know that, at least in Pennsylvania, if you go to court over a ticket, nearly 9 times out of 10 they cut you a deal. Might be something like a "general traffic violation" that gives you a fine, but no points.

Once again, good people of the TFP...ALWAYS fight your tickets. It never hurts...

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"I've made only one mistake in my life. But I made it over and over and over. That was saying 'yes' when I meant 'no'. Forgive me."