I got into an accident involving a lane change. All I remembered was going straight 98 Accord and then I hear sound, thinking that it might be my tire, but I looked over to the left side of my vehicle and saw the other party's 05 Tacoma passenger door smashed into my driver side rear view mirror. The only thing was damage on my side is the side rear view mirror. On her side, it's the passenger door. After 30 minutes passed, the county sheriff came by. He found my side rear view mirror(not the holding but the mirror still intact with glass) laying 1-2 inches on her lane. The holding for the mirror is still hanging on the next to the door and is not cracked, but its not intact to the door;you can move it in a circular motion. So basically, the holding cause the mirror to fall apart from the car.
At first we all agreed not to take an accident report. But he stood there for awhile and told the other party that he will write the report. He told me based on the mirror that I was at fault.
2006-10-06 16:34:15 · 8 answers · asked by rocket1356 1 in Cars & Transportation ➔ Car Audio
Now the other party is claim injury so she hired a lawyer. They are requesting my policy limit. There are no witness. The insurance will probably go by the policy report. But I think the report got many flaws. I told the sheriff that 1. he came 30 after the accident 2. objects can fly, but he still think he is correct. Anyone know how to contest this report?
2006-10-06 16:39:57 · update #1
The sheriffic was not the witness to the accident. He should have wrote down the incident report without his opinion. Also he was talking in spanish with the other party. The other party knows how to speak english.
2006-10-06 16:44:30 · update #2
Well...he saw the debris which is the mirror laying on the her side about 1-2 inches. He took it and put it on my car. After 10 minutes later he stood there and told the other party that he will write the report to help her. Then he went to take measurment. But the debris was on my hood. He will be second guessing where the debris was. But it is going to be my word versus his. I was not thinking correctly after the accident.
2006-10-07 06:59:55 · update #3
I would contest this. You are within your rights to it to court (though this will cost you the filing fees, I think) and have it put before a jury to decide. Then the other person has the burden of proving that it was your fault. You can have the police come and testify how he came to the decision that it was your fault. If you didn't change lanes and this person did, then they are at fault and have to prove it otherwise. Make sure you get a copy of the police report (will cost you around $10) and get your insurance company involved. They may contest it for you anyways.
One thing also, usually in most accidents, the car that was hit is the one that gets the most damage to it.
Good luck!
2006-10-06 16:53:07 · answer #1 · answered by Twisted Maggie 6 · 0⤊ 0⤋
Just say that you say the mirror fly off to the left! I think any lawyer of judge would not believe it would fall straight down from a moving vehicle - especially if they have their high school degree or even grade 10 science.
Wow - how did the cop even get hired?
2006-10-06 16:44:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
From what you're suggesting, it wouldn't be difficult at all to get the charges thrown out of court; the issue might be the matter of appealing. Go to the court date, contest the report, give reason why, and take it to a lawyer if need be.
2006-10-07 07:51:02 · answer #3 · answered by akodo98 1 · 0⤊ 0⤋
He is not a forensic analyst. Fight it in court. Did he mark out and measure the debris field? Probably not. Fight the man. Language barriers are touchy. Don't bring that up in court. Depending on the judge, that point could go either way.
2006-10-07 02:01:41 · answer #4 · answered by pump_runner 2 · 0⤊ 0⤋
If you were driving straight and the Tacoma was the one who made a lane change and hit you then you NOT at fault. But if you were the one who made the lane change and hit the Tacoma then YOU are at fault. Basic rule of thumb in accidents is if you are safely in your lane and not the person hitting someone and another car hits you then you are not at fault.
2006-10-06 16:38:11 · answer #5 · answered by gillamacs 3 · 1⤊ 0⤋
you would possibly want to bypass to the police station and ask to record a supplementary actuality to the officer's record. yet!!!! ask the advice of an legal professional earlier you try this. through generating a supplement to the unique record you're pointing out information as you spot them and they are going to stand as an eternal list. in case you've been at fault, enable them teach it without your help.Your perfect guess is to the contact an legal professional and get his suggestion earlier this receives out of hand.
2016-12-04 08:51:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you screwed your self. you shouldn't be the nice guy when you get in a weak like that and the other persons car is wreaked with yours. you should always have a report written up. it will cover your ***.
2006-10-06 16:38:31 · answer #7 · answered by mustang656 4 · 1⤊ 0⤋
yea man, constest this hardcore. get an attorney for yourself too, court appointed ones will do nothing for you, and since she got one, you'll really want one to contest...
2006-10-07 18:13:45 · answer #8 · answered by jparkdzg 4 · 0⤊ 0⤋