HarrisH

iTrader: (1)

I was in Ridgefield, NJ coming straight down on 1&9 south when out of nowhere this lady in a red Dodge Neon decides to turn left on the other side of the intersection, I slammed on my brakes hoping she'd complete her turn, but she didn't so I nailed her right hand side corner. I was going maybe 40MPH in a 35MPH zone and the cop said he estimated from my tiremarks that I was doing atleast 52MPH which is BS, but he also wrote me a ticket for wreckless driving. I'm hoping it's no fault, because then my insurance company which is only liability coverage would cover her car, and then her insurance company would cover my car. Please help guys this is the first time I've been involved with the police and all in an accident . This sucks so bad, also my mom is the primary driver on the insurance for the car so she's fully liable, I'm not on her policy, and technically I was borrowing her car. So help me out please .

MaxWilk

First thing you need to do is learn how to drive. That being said, here is how it works. The insurance companies determine who is at fault. The police only document the incident and and hand out citations. My suggestion would be to work closely with your insurance company. With Liability only you probably konw that your insurance company will pay for her damages if it is your fault. If it is your fault your insurance company will not pay for damages to your car. You may also want to ask about a no fault, and what your insurance would pay for. Either way, you are probably looking at a steep insurance increase.

How much damage was done to your car? If there is extensive damage to your front end the car may be totaled.

Despite my opening comment, I'm sorry to hear about your accident. I don't wish them on anyone, they SUCK! I know, I've had my share.

HarrisH

iTrader: (1)

The damage done on my front end was not much at all maybe $1500 or so. Second of all I know how to drive it was not my fault at all, first of all she didn't have her turn signal on secondly she was making a WIDE left turn cutting across 3 lanes to go onto a side street. Yes I was going a wee bit fast, but this could not have been avoided no matter how hard I tried.

maximafever

I had an accident in one of my cars similar to yours it doesn't matter if you were going 10mph or 100mph she was not supposed to turn until it was completely clear and if she did not have a turning light the cop should have not written you a ticket for wreckless driving just from your braking marks. there is many things other than your speed that affects your braking distance and how long your wheels lock up if you had anti-lock brakes or not makes a difference. sorry to hear about the accident hope everything turns out ok.

MaxedOutOfCash

insurance co. is going to know about the ticket cause it's gonna be on the accident report... once they see that "wreckless driving" it's probably gonna be your fault...sorry to hear that though glad you're ok.

wariow

iTrader: (3)

how old was the lady and how old are you? The cop was probably prejudice on your age and sex as a driver. You did have the right of way, did the cops give the lady any tickets? Or was she a hot chick?

HarrisH

iTrader: (1)

No she was not a hot chick, no she did not get a ticket. Does this mean I'm completely at fault then . When I go to pick up the police report I'll tell them that I don't have anti lock brakes which I don't, also I just got brand new pads installed, and rotors resurfaced 2 nights ago. And yeah she should have turned when it was clear, but yet she still did not get any tickets how do I go about doing this ? Will my insurance company still cover her car? And will her insurance company cover my car?

rmkonrath

dont know if this would help or not but is it possible to go to court to 1. fight your ticket and 2. confirm whos fault it was and maybe either get no fault or on her???

i dont knwo just tryin to help

MaxWilk

It is the insurance companies who determine who is at fault. I do not think that the courts can do much about it.

If it is your fault, your insurance company should cover her car. That is what liability insurance is for. It is to cover damages that you inflict on others. Collision covers damages that you cause to your own vehicle

If she cut across three lanes to make a left hand turn that sounds a little shaky to me. You may want to point that out to the insurance people. If you do not like what you hear from the insurance people, don't hesitate to contact a lawyer. If anything a consultation will give you an idea of where you stand and if you could even benefit from legal advice.

Wrecks are a mess to get figured out with insurance companies. It is good to know that everyone is all right.

Jatan

iTrader: (3)

Try to get a witness and confirm that she didn't have her turn signal on and that she cut through 3 lanes just b/c she didn't want to wait for the lanes to clear up. There must have been someone there.

HarrisH

iTrader: (1)

Anyone who saw the accident left there weren't any bystanders. Yes cutting across 3 lanes sounds shaky, but that's exactly what she did cut across three lanes hitting me but missing an 18 wheeler. I hope to benefit all this. And I am going to upgrade to Z3 Fenders, and a Carbon Fiber hood. Once I get the police report should I call her insurance company, or call mine???

wariow

iTrader: (3)

call your own

HarrisH

iTrader: (1)

Will the police report contain her information, as well as her insurance information. Secondly I want to file a complaint against her stating that she did not have her turn signal on and she cut across 3 lanes to make her left hand turn. Will HER insurance companies adjuster come out and take a look at my car, and will her insurance company decide which shop I should go to? Because I want to get Metal Z3 Fenders, and a Carbon Fiber hood, plus I don't know whats messed up under my bumper, other than the bumper cover itself, and I'm going to need a new headlight, might as well get both new headlights since one's going to look a lot newer than the other. Damn man this sucks .

Maximus_95

iTrader: (8)

For sure go to court, and explain exactly what happened. the judge should be more smart then the cop. anybody would know that the lady messed up and she was wrecklessly driving. the cop is an idiot. talk to your insurance, they will know what to do or a lawyer that does free counseling. they will tell you if you have a case or not. if you do, they will win, and you will get the money you deserve for you car.

HarrisH

iTrader: (1)

How do I go about getting a lawyer and going to court? How long will this all take? Should I do this after I speak to my insurance company? Where and how do I setup court dates, will the lady have to be there too.

Jatan

iTrader: (3)

Go to your insurance company and tell them you want to file a complaint and they'll tell you how to. They don't want to pay for her damages so they'll help you. If you win in court, her insurance will be paying and your insurance company will be kind of happy since you'll be saving them like $1k-$3k

Also, contest the ticket and tell the judge your story. Good luck!

MaxWilk

Take it slow, man. I know you're anxious, and I know you want some money out of the deal. The first thing to do is to call your insurance company. Do it now, or ASAP. The insurance company will assign an adjuster to you. Be honest with the adjuster (though you may want to leave out how fast you were going, but if he asks, tell them) Let the companies decide who is at fault. From here is where it gets sticky

If she is at fault, then you have noting to worry about, no need to even get a lawyer. The insurance company will write you a check for the estimated damages (using OEM parts). In this case they should also pay for a rental car. If you get one that is optional, but they will pay for you to be in one. Then you find a reputable shop, have them do an estimate based on what you want. You either keep the difference or pay them the difference if your carbon fiber hood and new headlight are more than the OEM parts. This, of course, is the best case scenario and only if she is at fault. The police report should have all of the insurance information on it.

If it is a no fault or your fault, and you truely believe it is her fault, then go talk to a lawyer. Most will do a free consultation. This free consultaion they go over your case, tell you what they can do for you, and tell you how much it will cost. From there they should take care of court dates and all the clerical work. If you go this route it could take a long time to see any money from the accident. Nothing is paid until there is a settlement.

I've dealt with insurance companies before. Keep in mind with getting a lawer that it will significantly delay you getting any money and cost you $$$'s that could be going toward your car. The best thing to do is contact your insurance company, if you don't like what you hear then complain, ask for a manager. If you feel you have to, contact her insurance company. You will get the run around, and it'll be a pain, but stick with them. When you've gotten as fed up as you can with both insurance companies, then call a lawyer. Don't settle anything, don't sign a release, and don't cash any checks from either insurance company until you are happy with the outcome.

Sory for the long post. I've been there, and I'm just trying to help.

wariow

iTrader: (3)

there's only one answer, sue. I bet she'll sue you, so sue first before she does. This isn't a joke.

HarrisH

iTrader: (1)

Umm why would she sue me? That would be taking it real far. I would understand if she was sueing me if it was only completely my fault which it wasn't. I mean if it is a no fault situation my insurance pays for her, her pays for mine done deal. So once I get the police report on Tuesday, I will be contacting the insurance company, as well as contacting hers. Then I'm assuming both my insurance companies will battle it out. I don't see how and why she could see me, I didn't rear end her or nothing, she didn't have a turn signal on and she made a LEFT TURN EVEN THOUGH SHE SHOULD WAITED TILL IT WAS CLEAR. That right there justifies it is not COMPLETELY MY FAULT. Maybe partially, no way in hell COMPLETELY. If it takes to long I'll pay with my c. card for the C.F. Hood, and Z3 Fenders and wait for insurance to hopefully give me a settlement. This isn't to major, I mean her bumper cover is replaceable, as is my hood, and fender, corner lamp, and headlight. I don't think I have major frame damage, and if I do I'm giving it to a really good shop to take care of it. The impact was on the far corner of the right hand side, I'm assuming I just need a new bumper cover, lamp, headlight, fender and hood. I just hope her insurance pays for my car, and my insurance pays for her. Worst case scenario is NO FAULT, thus both companies paying me and her. No way in hell was it COMPLETELY MY FAULT. And that the officer said too.

HarrisH

iTrader: (1)

Also one more thing the insurance is completely under my moms name. I'm not on there as a driver. However; I was borrowing her car that day to get to college.

Jatan

iTrader: (3)

I think you're covered as long as you have car insurance.

HarrisH

iTrader: (1)

Yeah thats what everyone else is saying too. I mean say I'm with my mom and she doesn't feel like driving, and I drive and God forbid get in an accident. It doesn't mean I'm uninsured. I was technically borrowing her car, however; the car is still insured.

wariow

iTrader: (3)

just sue her

Scruit

When a person is turning left in front of oncoming traffic they are expected to let the oncoming traffic pass. We generally do this by seeng how far the oncoming traffic is away from the intersection and judging how long we have to complete the turn.

Thing is, if the oncoming traffic is speeding then she may start her turn when you are at a distance away from the intersection that would have been safe is you weren't speeding. If they can prove you were speeding then you could be blamed. If they cannot prove you were speeding then I have to believe that she is to blame.


I also have to believe there is more to the story than you are telling. How did the officer determine your speed was 52? Measuring the skidmarks? That's a very difficult thing to do for a beat cop because you have to consider dozens of variables like tire compund, tread pattern/condition, type of road suface (and friction generated), and subtract the rsidual speed which is measured by intrusion analysis of the vehicle damage, comparitive wieghts of the vehicles and how far hervehicle was pushed off it's original course.


You MUST defeat this ticket otherwise you WILL be blamed.

If it was me I'd call into question the officer's training in terms of determining speed. Ask to see his calculations and how he determined the speed. I woudl also go to a couple of Accident Reconstructionist websites and try learn about how pre-accident speeds are determined in vehicle collisions. Ask the officer how he adjusted for severity of impact, weight distribution, structural makeup of the impact locations on the two vehicles etc.

Even better, ask him to explain his training and certification in accident reconstruction, which reconstructionist trade groups he belongs to etc. What you need to do is make the judge see that the officer was not qualified to calculate your pre-accident speed, and therefore any charge based upon the speed so derived is moot - ie speeding or Reckless Driving.

THEN, if you can get found not-guilty of that ticket, you are free and clear to sue her pants off. They're not gonna hire a reonstructionist of their own for a couple-thouand dollar claim.

Get the police report from the department that took the report. In there it should describe why the officer gave you the ticket. Have your court hearing for your ticket adjourned or delayed until your defense is ready.

ALTHOUGH - you may find the officer is a trained certified reconstructionst who used sound judgement and correctly calculated the speed. Then you're screwed. Or you may have been dumb enough to admit you were speeding.

Again, if you are found guilty of the ticket then you will be blamed for the accident - all you energy needs to go into defending yourself from the ticket. Then sue her ***.

SXN

this is sounding more and more like what happened to me...and i agree, cops can be hos. i was doing like 35-40 in a 25 and hit a truck going around the corner, who was over the double yellow. cops said by my skids (i tried to brake and not hit him) showed in excess of 65-70, and the primary witnesses (an annoying jogger, and some woman in her SUV) both agreed i was doing weeeell in excess of 100mph. anywho, i too got wreckless driving, which being a felony, had to go to court for. it sounds like it wasnt your fault, and if you are assigned a court date, i highly suggest getting a lawyer... some people may disagree, but despite cost is tremendously helpful. at the scene of the accident cops were blaiming me, telling me i wouldnt get my license back until 21, no one would ever insure me... what you really need to do in all of this is keep your head up, and no matter how crappy it seems, just keep going. giving up does no good, you could save your license, and money by fighting this. If your in a state with the 3 strikes law...having one strike (felony wreckless driving) is a really bad thing, harder to get jobs, and stays on your record. do the best you can

HarrisH

iTrader: (1)

The ticket is 2 points I don't think I'll lose my license over it or anything. Also the officer didn't write I was going 52 he wrote "Careless Driving/Excessive Speed". I'm still going to state I was going no more than 40MPH in a 35MPH zone which I believe is true. I don't remember my exact speed but I was going no more than 40MPH. If I go to court will she be coming too? I mean I'm hoping it's more of a no fault situation. If that's the case then her insurance will pay for my car, and mine will pay for her car correct?

wariow

iTrader: (3)

I suggest you call your insurance company up and speak to the lawyer that's assigned to this case. He'll have better answers for you, that's what I did and dont' be afraid to ask like you did here. I know it is very frustrating. I got sued for rear ending a guy and all he got was a hanging bumper and my left front of my camry got crushed in which took 3000 to fix. Everybody sues, it's a b1tch but even in my business law class, the correct answer is always "sue". So speak to your lawyer and he'll tell you all the info you need.

meccanoble

iTrader: (22)

dam harris, sorry to hear this. i dont know if the insurance companies work that way. I am thinking if both of u r at fault, they may just cancel the entire thing and u guys have to pay out of pocket for your cars and insurance does nothing...being if u both have liability. If you got a ticket for wreckless driving...it might be bad for u in general...i hope things work out man....

HarrisH

iTrader: (1)

Wait I have liability my insurance pays for her car, because they are liable to fix another persons car. She has full insurance. If it's no fault then why would we both have to pay out of pocket? And what the hell do I sue her for?

MaxWilk

HarrisH, Take it easy. Follow these steps before you do anything

1) call your insurance company, even before you have the police report

2) Have them figure out who is at fault.

3) Contact a lawyer (a good one) about the ticket and accident. They will tell you what you can sue for (if anything) and what can be done about your ticket.

wariow

iTrader: (3)

Duh, for extreme suffering and mental anguish.