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I was stopped at a red light and it turned green and proceeded to drive my car. As I was going someone crashed right into me. Now the cop filed the police report all wrong and wrote that I was the one that crashed into him. He didnt even look at my car and missed a lot of the spots that the damage was on. Everytime I went to the officer to talk to him he would ignore me and move to the other side of the other guys car. He didnt even listen to a word that I was saying. I even have a witness that saw the accident and the cop didnt even take that into account. He didnt even talk to my witness.

Also, the person that crashed into my car is saying that he had a green light. When there is a witness that saw my green light. I only have liability and my car has about $6000 worth of damage. What should I do at this point? I filed a claim with his insurance company and they said they will talk to him and get back to me? What should I do? This happened in Chicago.....

2006-09-18 16:28:29 · 7 answers · asked by salmeezy 1 in Politics & Government Law & Ethics

7 answers

I hope that the witness was not a passenger in your car. If so, you don't have what is called a "reliable" witness. The witness will be assumed to be prejudiced in your favor. As for the officer, he is not responsible for assessing and determining damage to your vehicle, other than as to driveability.

If the other driver was truly at fault, you first must beat the ticket. For that, I would suggest you find a good traffic ticket attorney. Should you beat the ticket, then you can take the person to court and get a judgement against him if the court finds in your favor. Of course, he could counter sue, though your liability insurance should cover his loss and, most likely, your insurance company will make him sign a waiver releasing at least them from further claims.

So, to review, make sure your witness or witnesses were not in your car, otherwise they most likely will not be considered reliable. Hire an attorney that is familiar with traffic court to help you beat the ticket. Last June, I paid $80 to beat a $224 ticket, not a bad exchange.Should you beat the ticket, take the other driver to court, sueing for the amount of your damages. In most states, you will be able to go to small claims court. You don't need a lawyer to do that, it may help, but will cost more money. If you win, you will get a judgement against the other driver. Good luck with the judgement, it may be meaningless unless your state provides for garnishment of wages for legal judgements. Be aware the other driver may counter sue, could win, and get a judgement against you.

2006-09-18 16:48:56 · answer #1 · answered by jerry f 2 · 1 0

Something crooked is going on. Maybe the cop knew the person in the other car. Go to the police station and demand to talk to a supervisor. You may need to get a lawyer.

2006-09-18 16:37:07 · answer #2 · answered by notyou311 7 · 0 1

Get a lawyer and fight. If you have a witness you can win. Search your phone book and get yourself a lawyer because this can't be happening all to often. Good Luck I know it's too much to ask, but I'd really like to know your outcome.

2006-09-18 16:39:02 · answer #3 · answered by Geneddly 4 · 0 1

Lawyer!

2006-09-18 16:31:50 · answer #4 · answered by ? 6 · 0 1

Talk with a lawyer. If what you are saying is true then the cop is in big trouble.

2006-09-18 16:38:49 · answer #5 · answered by worldneverchanges 7 · 0 2

Assume that his insurance company is going to deny the claim. You will have to prove your case in court.

2006-09-18 16:41:40 · answer #6 · answered by waplambadoobatawhopbamboo 5 · 0 1

All you can do is just tell the truth but don't depend on the cop. They hate the paper work and he wrote it so it will be easy on him. ( He told it the way he wanted to see it...Not the way it really happened )

2006-09-18 16:31:03 · answer #7 · answered by Anonymous · 0 2

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