I posted before about an accident that I was involved in. Basically the motherfu**ing police officer made it look like it was my fault because I was going a little over the posted 35 MPH limit. When I say over I'm saying by 6-7MPH. And I got 1 ticket because of that "careless driving/excessive speed". So her fu**ing insurance company is saying that it's not her fault. It's my fu**ing fault so now I'm going to be out $4,000 fu**ing dollars. I already bought all the stuff, just have to get it all put on and painted by a good body shop. My insurance company (btw I have only liability) knows about the accident, but I haven't called to dispute why they are saying I'm at fault. Secondly, she has full coverage so will my insurance company pay for her, or will she go through with her own company. This seriously fu**ing sucks, and that bi*ch made a left turn IN FRONT OF ME!!! Without her turn signal, and I told the cops that but no fu**ing as*hole gave me a ticket. I also filed a complaint against her stating she had her turn signal on. Regardless of what happens, I'm going to pay out of pocket but my car in the body shop tomorrow, and going to have to rent a car for a few days. . Pray for me guys, and tell me what to do from here .

 

She must have Nationwide insurance.

 

No State Farm. And it's in NJ. Should I go back to the police station and try to get the police report revised?

 

what a *****...hopefully, things will blow over and you won't be thinking about it...it can't really get any worse so maybe you'll get lucky and catch a break. File a complaint against the police officer as well...i hate it when cops treat younger people unfairly and always cast blame on them first

 

yes, definitely, mb not get it revised, but complain to the higher-ups, mb get a lawyer, and get them to edit it or write a new one and have them inform both yours and her insurance companies of what happened. **** like this ****es me off...good luck bro

 

Yo seriously I'm really fu**ing pis*ed off, will I have to pay for that bit**es deductible or whatever? What's going to happen? Fu*k New Jersey motherfu**ers can't drive for **** round here. Today I saw a Chevy Blazer SLAM into the back of a GMC Yukon Today, and then this fu**ing homo *** in a Shi* corolla pops a U turn IN FRONT OF ME in a 4 lane INTERSECTION and 4 cars almost hit him. I hate this state I swear I'm leaving. Cops here su** big co**s too. Fu*k em' all.

 

Uhh what's MB "might best be too?"

 

Go complain unless you want to be out of $4k.

 

How did he determine your speed?

 

My skid marks which he said are "96 feet". Also I don't have ABS, and I had my brakes done 2 nights prior to the accident. Who's higher authority?

 

It's probably "maybe"

Move out soon, NJ hates you

 

higher authority, go to the precinct, politely demand to speak to somebody in charge there, regarding a falsified accident report, mb go talk to your mechanic, have him write something up about the JUST replaced brake pads and how since you don't have abs, you would skid from slamming the brakes even at low speed. anything to help your case.

 

Johnny Cochran. A lawyer will help you out most def. If you are low on cash, look for one that "will not collect unless you do."

Lawyers will know what to do. If you barge in there, they will give you the run around.

Trust me; the cops around my way are the laziest fuc*kers and just wrote anything down so they can get back to their donuts and oink oinking...

lawyers will getcha a fair voice...

 

Sorry to hear about all this, but it really is your fault for hitting her. Even if she did not use her turn signal you're suppose to maintain a distance safe enough that you can slow down if she slams the brakes or doesn't signal. The fault is almost always placed in the party that rear ends someone because they were following too closely. The fact that you were speeding and couldn't maintain control of your car (skidding) reinforces the fact that you were following too closely.


Dave

 

he said she made a left turn in front of him....does that mean that they weren't in the same lane?

 

HarrisH,

I'm not really understanding the situation, please explain further, but did the front end of your car hit hers? if so then "technically" you are at fault although she caused it. I know the feeling of getting it in the rear...I lost my 97 to some **** that ran me off the road and kept going...just be thankful that you're alive and well....but you definately have to fight it...Your insurance company should fight for you if you've already given your deposition to them...explain exactly what happened. NJ is notorious for bad drivers, but trust me it happens everywhere...I got ran of the road in Philly, so go figure.

 

Hard to read with all the ****s, but I think he said she made a left turn in front of him, cutting accross his lane.

In Mass if you are making a left turn and you get hit you are pretty much always at fault. Can they judge your speed by skidmarks within 6-7 MPH? Yu probably have a fight on your hands but you should be able to get your money eventually.

 

how did they prove you were above the speedlimit?

 

a younger guy going 7 miles over the posted limit rear-ends a woman with his modded maxima..what do you think the cop is going to do? that cop prolly sees that type of accident a few times a day by the way you describe NJ drivers.
hang in there man.

 

Well if the story is that she made a left cutting across his lane, then I don't think it should really be his fault then. It's her job to judge whether or not it is safe to cross the traffic, even if it's speeding. Your job of a driver is to be able to gauge the speed of traffic. Unless there is more to the story than he's telling us, I think he should try and fight this.


Dave

 

If she was in your lane and made a left turn onto another road and you read ended her, it's your fault. If she made a left turn onto the road you were traveling on, then it could go either way. The police do not determine liability, they just write down the facts and issue a citation if they feel it is needed. Call your insurance company and explain the facts of the accident as clear as possible. If there is a way your insurance company will not have to pay, they will jump at it.

 

Get a lawyer and fight them. Of course they will deny. And they will deny until you force them to pay. It's their job to not pay you. It';s your job to make them pay.

How did the ticket go? Did you fight it or plead guilty/nolo?

I would not stand for this for a second. You need to refute the training of the officer and debunk his ability to judge your speed.

 

Make sure you're keeping in touch with your insurance company. If her insurance company just pays for her car to be fixed, your insurance company probably won't do much. If she or her insurance company comes after yours for the money, you bet they will be involved. When they do prove that she was at fault ( If she did turn in front of you, across your lane from oncoming traffic) you can see what, if anything, you can get out of them with the support of your companies findings.

 

similar had happened to me...only I didn't get the blame....lemme explain:

I was doing about 10 over, and this lady made a right turn on red and didn't accelerate, so I rear ended her when my brakes locked up. I was told by the officer, and the ins co that when someone does not have the right of way and makes a turn, then gets rear ended with 100ft of the turn, they are at fault due to inattentive driving, in Delaware at least. Also, find out if they took into consideration the tires that you have on your car, the model of the car, the weight, the temperature, humidity, lack of abs, and other things. All of these effect the distance at which your car comes to a stop, and it changes how they can determine the speed at which you were traveling. How could they make the determination that you were speeding if they didn't take that into account? Also, did he write you a ticket on the spot? If he did, I wanna know how he came up with the 5-7 over. Anyway, keep us informed with how it goes, cause u got screwed in this deal.

 

Great advice. If you want a fighting chance, here it is!

 

bah, get rid of your current insurance company, start your own and when people submit claims just go bankrupt...it's the american way.

 

technically, your speed shouldnt take account in the whole thing. yes they might say the accident could have been prevented IF You were going slower, but did you have the right of way? yes. did she incorrectly gauge the situation and cause the accident? yes. even IF you were speeding (i know u were ) it shouldnt be your fault. the speeding can lower the ammount you claim from her, and make it harder to deal with the po-po... fight this and get your money from her
*edit*
lawyer is going to be probably a lot of green, maybe even 4,000+, defeating the purpose of fighting it through a lawyer. if your license is at stake, you already have a lot of points, or your insurance is going to drop you (or raise a lot) then consider the lawyer route

 

hey im not even gonna try and lie to you... state farm ****ed me over big time a couple of yrs ago when some lady hit my 300zx while i was sitting still waiting to make a left turn. worse then me losing my car was the fact that my insurance didnt care cause i was found at fault by the officer and her insurance ( state farm ) sued me personally. so i lost my car and 8,900 dollars because some cop didnt belive that i wasnt moving when she hit me HEAD ON. i made the mistake of not gettin a layer to fight for my case and i lost big. Save your self being sued by state farm and get a laywer (if ur insurance doesnt want to cover her damage like mine left me out to dry) cause jersey is a bad place to drive but an even worse place to have to plead your case out in court by yourself. The judge wont even care wat happened once he sees how old she maybe and how young u maybe compared to her. Get a good laywer so u can sue her and her insurance company and save your self from gettin in trouble.

 

Ok let me clarify. I was traveling southbound, it was a 4 lane intersection. 2 Lanes going south, 2 coming north. I was in the left hand south bound lane travelling, when the Red Neon Travelling NORTH Bound in the left lane made a left turn in front of me, and this is when I clipped her passenger side quarter panel. No the officers did not take all of that into account. And I pray I don't get sued , and I will let my insurance company know about what they are saying.

 

this really doesnt sound like your at fault here but the ticket the cop gave u could really give you some trouble...

 

Speaking from experience, you might as well just call it a loss and save your troubles disputing it. You gotta keep in mind that insurance companies are the biggest scam, and that cops are "always right" and don't go back on their decisions.

 

did you tell the cop you were going over the speed limit?did he clock you speeding?but i still think its your fault..

 

Harris, sorry to hear about that.

I was always told if anyone here in makes a left hand turn opposing traffic, and an accident occurs, it's automatically their fault. So the cop was a complete *******.

Right of way they call it. You had it (right of way) as you describe it.

I mean if you were going 100 mph, then well I'm sure the gray area applies. In this case, it took alot of BS biased thinking to side w/ the slow and aging driver here.

I'd personally scream victim here, try and get a free lawyer (Someone who works on commission) first (long shot, but that's what the yellow pages and slow economy are for). Then if that fails, tell the judge respectfully that you were right. Even if the judge dismisses your ticket....the whole "who is at fault thing" may still count on your driving record. So basically unless you can get a lawyer now and fight it, you'll be screwed either way. Tho, the price of one if you can't get one free, may not be worth it...tho consider the raised insurance rates.

Personally, I crashed my car one day due to failed brakes. I didn't hit anyone, yet the cop gave me a "fail to control speed (FTS)" ticket. The judge dismissed the ticket, because 1st...no witnesses would show up (yes judges do use common sense in cases like this..I didn't hit anyone except a huge concrete rail which only showed one of many hit marks), and 2...as I found out later....the cop wrote the wrong ticket...tho the judge in the courtroom did not address that specific issue(wrong ticket). The FT Control Speed ticket would only apply if I caused any property damage (to other cars or property), and in this case, the ticket would not apply. In either case...I found out 2 1/2 years later when I got new cheaper insurance (the old insurance was pretty cheap, but I wanted cheaper), that the damn accident was still on my record as "at fault." Talk about being screwed. I didn't hit anyone, or cause any damage (except an additional black mark to the concrete barrier), lost my car, and yet I still paid more money for insurance.

Good luck!

 

I hate jersey, it's the freakin worst state to drive in. Where the hell are the street signs? Where are the street lamps? I've never ever gotten to a destination in jersey without getting lost in the boondocks. It's the biggest piece of crap state to drive a automobile there.

About your situation, how old are you? I read your old post but forgot if you put that info down, I believe it was at night right? She's supposed to have good judgement when cutting into a lane, if she see's headlights ahead, she should freaking stop and let the car go! I hate accidents, they ruin lives

 

thats pathetic, the ***** should have NEVER turned when u were heading towards her, specialy when u were SPEEDING a little. i read ur post and this is RIDICULOUS. i wouldn't pay her a dime and i would take this to court. and no matter what happens, if i was u, i would make sure that her car gets alllllll the attention when someone passed by it, if u know what i mean!

 

350 dollars eat the money 4,000 fight the mother****ing company

 

Not that insurance companies aren't trying to rape you any way they can for a $, but isn't the whole point about America that you're innocent of an accusation until the judge/jury says otherwise? fight the ticket in court. i've never lived in NJ, but don't they have to give you a chance to defend yourself in court? the cop's word on the ticket isn't enough to screw you totally unless a judge believes it in court. I would think that your tight-a$$ed insurance company is gonna pay out to her unless you're convicted of a violation. Fight the power!

oh and next time, get collision coverage or drive a beater

 

dude its HER fault not urs, how could u let it go this easily? take it to court, all that matters is that she made a turn when she was not suppose to and thats not UR FAULT.

 

Oh man, that's ****ing ridiculous. I can't believe they are saying you're at fault regardless of the speed...but especially determining speed from skid marks...come on.

 

The girl was at fault clearly. I even had a police officer explain to me that even if you had ran a red light and hit her when she turned left in front of you, she would still be at fault (although i think that's pushing it). And it all has to do with right of way. Any turning vehicle needs to verify it's clear to do so regardless of traffic signal, flow of traffic, etc... Her ticket should be for improper lookout and regardless of wether you got a ticket or not you are not at fault for the accident.