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Ok so I got in a car accident today. I was driving, and a lady took a red light and t boned me (hit me from the side). She ran the red light about 5 seconds after it turned red.....but she denied it. She told the cop that I ran the yellow and that the stop light changes too quickly. There was also two cars behind me that crashed because of braking to avoid the accident. The cop asked all of us and 3 of us said that my light was green. She decided that it was conflicting stories, therefore nobody gets any ticket. I was mad cause I get stuck with my insurance dealing with it when it should of been the lady.....btw she has a mercedes and i a corolla...and im 19 and she was in her late 30's. she lied to the cop and now im screwed....and the cop did not write the other two people as witnesses on the police report after i asked her to. can i take this to court? if so, can these two ppl be witnesses even though they are not on the police report??? what do you think? thanks for your help!

2006-09-05 15:21:57 · 13 answers · asked by Anonymous in Cars & Transportation Other - Cars & Transportation

13 answers

OK, It sounds to me like the cop dropped the ball so to speak. YES he/she should have listed ANY and ALL witnesses. BUT YOU can also provide the names of ANY and ALL witnesses to your insurance provider as they WILL follow up on it as THEY DON'T want to pay out any monies they don't have to. BUT I will also offer you this thought. If SHE just got a green light as she is saying then she would NOT have had enough speed to have T-boned you with any extensive or major damage. So the more damage to your car the stronger your case is to prove SHE RAN a red light. And with witnesses on your side the insurance provider will most likely side with you and HER insurance will have to pay up. OH just as an after thought, most cops won't cite people on what witnesses say, like there was a red light.

2006-09-05 15:56:14 · answer #1 · answered by GRUMPY 7 · 0 0

Yes, they can and will be interviewed by your insurance company. A police report, while helpful, is NOT a statement declaring guilt or innocence. If the officer did not witness the accident then it is nothing more than a 'report' of the loss. Why do you want to go to court? Your company has not even told you what they have decided yet, doofus. Of course the other person lied...welcome to the real world. If your two witnesses can back up your version of what happened then don't sweat it. Your company will handle your repairs under your collision and refund your ded. amount after they collect from the other party. Some free advice: chill out. You are MUCH more credible to the claims adjuster if you remain calm and level headed. Do not blow a gasket, do not yowl for a court date. Let the poor adjuster do the investigation first -- be sure you provide him or her with the names of your witnesses.

2006-09-05 15:24:03 · answer #2 · answered by Anonymous · 1 0

Tell your insurance company exactly what you told us here, and let them handle it for it. Question though, if there were witnesses, why didn't you get their names and phone numbers instead of assuming they would be included in the police report?

It's a bit expensive, but you can always hire an accident investigator who can reconstruct everything and give you a report as to who was at fault based on the physical evidence. If you do that, do it quickly before the evidence is gone.

2006-09-05 15:28:12 · answer #3 · answered by oklatom 7 · 1 0

I hope you got the witnesses names. They can be added to the police report after the fact, just go to the police station and insist on it. Even if you ran the yellow, her light was still red, tell your insurance company exactly what happened.

2006-09-05 15:33:10 · answer #4 · answered by kny390 6 · 1 0

The cop was taking the chickenshit way out. He should have been able to investigate better. I would contact an attorney about this. You should not have to take it on the chin. I had an almost identical thing except I got the ticket. I pressed the city hard and they ended up dropping it. The ticket that she did not get would have helped your case, but providing reliable (and unrelated) witnesses will be important.

2006-09-05 15:28:31 · answer #5 · answered by united9198 7 · 0 1

same thing happened to me but w/ a semi truck. i had a witness not involved in the accident and the truck driver got a ticket - but only because SHE saw him run the light.i was 19 also and the cop said "well you need to be more alert" thats bull**** and i would absolutely take it to court if you can.especially if there were two other cars involved. good luck.

2006-09-05 15:33:24 · answer #6 · answered by ♥mama♥ 6 · 0 0

u can take it to court if u can get a hold of the other 2 witnesses that will help u too. as far as the other lady goes that t boned u she should have been fined. i belive the cops are all ****** up they never do there job properly i recon u should seek legal advice see what they say n good luck

2006-09-05 15:30:27 · answer #7 · answered by thinkbecthink69 2 · 0 1

If the cops didn't issue a ticket, you are both at fault. Ask your insurance company for advice. It is my guess that it would be pointless to take it to court.

2006-09-05 15:25:32 · answer #8 · answered by redunicorn 7 · 0 1

Yes you can Just get a copy of the report and I would take it to court.

2006-09-05 15:27:06 · answer #9 · answered by soggybottomboy5005 2 · 0 1

you can contact the officer that took the report and ask for more clarification.

It would be up to you to provide any legal proof if you went to court.

If you are not able to provide court worthy proof then you would lose.

2006-09-05 15:32:02 · answer #10 · answered by Anonymous · 0 1

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