I had an accident last December. The other car hit me in the back of driver side. I swear to God that he ran the red light and hit me. It was my first accident so I had no idea what to do. Somehow he got a witness to give the cops statement saying that she saw me ran the red light and cause the other guys to hit me. I didn't get to find any witnesses for me because I knew that I wasn't at fault but I was wrong. The cop believed her lie and gave me citation for ran the red light. I went to the court and was so surprise to see the witness there. I swear I never saw her at the accident scene. I couldn't believe my ears when I heard what she told the judge. Thanks God, the judge didn't believe her BS and found me not guilty for my citation. However, my insurance company had put the liability on me because of the police report and the statement from the witness. Now I'm stuck with rate increasing and at fault accident on my driving record. Can I do anything about it?
2007-06-13 14:32:17 · 4 answers · asked by poohbearprince 2 in Politics & Government ➔ Law & Ethics
It isn't an "accident" if the other driver was driving negligently, as you claim. The collision was foreseeable, given that we are expected to obey the traffic laws and stop at red lights, which the other driver failed to do.
You and your insurance company should certainly sue the other driver for all of your damages, including your attorney fees and increased insurance rates. You should also file a complaint against them for suborning perjury, and against the police for issuing a citation based upon unreliable witnesses, which is a violation of your civil rights. File a police report against the bogus witness for filing a false police report and for lying under oath in court. Your state may also have a procedure for petitioning the department of motor vehicles to suspend the other driver's privileges until they prove they are safe enough to be permitted on the roads.
Finally, sue your insurance company, and file a complaint against them in the insurance licensing commission for treating you so poorly.
2007-06-13 22:04:49 · answer #1 · answered by Nuff Sed 7 · 0⤊ 0⤋
Not really. A police report holds a lot of weight when it comes to accident reports. In a lot of states, at fault or not at fault doesn't matter, the fact that you were in an accident and made a claim increases your rates.
2007-06-13 14:37:30 · answer #2 · answered by msi_cord 7 · 0⤊ 0⤋
If it's an accident then technically according to the English language noone is at fault. Black and white and accident is just that, oops sorry.
Stuff happens. Deal or be stupid.
2007-06-13 15:03:54 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Check out this
http://usalegalcare.com/accident.htm
2007-06-13 23:49:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋