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Accident Question.

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Ryu

Joined: Dec 31 2005
Posts: 1846

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1999 Oldsmobile Intrigue
Last updated: 05/26/09

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Post Fri Oct 30, 2009 2:57 pm

Well, my neighbors decided to be awesome today, and total there car. I was driving down the road headed to the bank and all of a sudden they come up at about 80 mph. The road has fresh rain on it and its blacktop so its very slick. I was going about 50 mph and i slow down to about 45 mph because they are going to pass me anyway. Not paying any attention they cut me off and lose control of there car, causing me to lose control of my car. They ended up totaling their car, without a scratch on them. They came up to me and starting saying you swerved at me. That's a lie. The cops show up run everything. Get our stories, I leave with nothing, no fine, no ticket. My question is can they take me to court and sue me to get money for "causing the accident." I did NOT swerve at them though. The cops have had run ins with this kids before. I wish I got pics but the cop wouldn't let me take any. I didn't wanna **** him off. So thoughts on this. Can or can they not take me to court? Any other thoughts will be fine also..thanks much.
corvettecrazy

Joined: Dec 17 2003
Posts: 3773
Location: moved (twice)

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1996 Pontiac Bonneville
Last updated: 06/11/07

2000 Chevrolet Corvette
Last updated: 08/31/04

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Post Fri Oct 30, 2009 3:12 pm

You should have taken pictures before the officer got there. And told him too bad if he didn't want you to.

Should have taken pictures of the tire marks on the wet road to prove your side of the story.
Ryu

Joined: Dec 31 2005
Posts: 1846

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1999 Oldsmobile Intrigue
Last updated: 05/26/09

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Post Fri Oct 30, 2009 3:13 pm

They saw the car in the field that was about 15 feet away from the road, and they also saw the power pole snapped in half...i forgot to mention that.
PwrRngr

Joined: Jul 19 2007
Posts: 3589

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2003 Ford Mustang
Last updated: 01/23/09

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Post Fri Oct 30, 2009 4:00 pm

They could sue bc you can sue for anything. But insurance would pay.
Ryu

Joined: Dec 31 2005
Posts: 1846

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1999 Oldsmobile Intrigue
Last updated: 05/26/09

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Post Fri Oct 30, 2009 4:22 pm

Alright, I am not worried than.
harris_23

Joined: Nov 03 2008
Posts: 133
Location: Warwick, Rhode Island

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1999 Ford ZX2
Last updated: 10/30/09

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Post Fri Oct 30, 2009 4:28 pm

well sueing is just filing a claim and having to appear in court so yes they can TRY! obviously since you did not get a ticket the police report will say it was not your fault therefore you will not be fined or have to pay anythin. more than likely youll never see a courtroom because if the other kids wanted to sue they would tell their lawyer and the lawyer would tell them that theres not a snowballs chance in hell that they could win so therefore they were idiots! biglaugh.gif
SE1289

Joined: Jan 02 2007
Posts: 848
Location: Alabama

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1993 Pontiac Sunbird
Last updated: 02/17/07

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Post Fri Oct 30, 2009 4:43 pm

If police reports indicate you did nothing wrong..then that will be enough to stand up in court if anything does happen.

Judges always believe the popo's
PwrRngr

Joined: Jul 19 2007
Posts: 3589

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2003 Ford Mustang
Last updated: 01/23/09

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Post Fri Oct 30, 2009 5:11 pm

I think there is a misconception on what the police report is for. the police report is simply to take facts. It does NOT establish fault. The report won't say who's fault it is. It'll just say what the officer saw. The insurance companies will determine fault.
Q45guy

Joined: Feb 17 2003
Posts: 260
Location: Portland, OR.


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Post Fri Oct 30, 2009 7:41 pm

Well if the car ended up 15 feet away from the road, snapping a telephone pole in half in the process, that is going to show the insurance company that they were speeding and lost control trying to pass you. Factor in the rain and I think your purdy much in the clear. If they due try to sue you, contact the officer that did the report and ask him about the situation and what your next step should be. After that, get yourself a lawyer.
harris_23

Joined: Nov 03 2008
Posts: 133
Location: Warwick, Rhode Island

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1999 Ford ZX2
Last updated: 10/30/09

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Post Fri Oct 30, 2009 7:57 pm

PwrRngr wrote:
I think there is a misconception on what the police report is for. the police report is simply to take facts. It does NOT establish fault. The report won't say who's fault it is. It'll just say what the officer saw. The insurance companies will determine fault.

yes this is true but it will also contain any issued citations in it. the insurance company will see that he did not receive any tickets and therefore not blame him.
kramer13

Joined: Jun 20 2004
Posts: 3222
Location: Seattle, WA

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1989 Chevrolet Blazer
Last updated: 02/21/06

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Post Fri Oct 30, 2009 9:40 pm

yes they can sue you
Tat2Dragons

Joined: Jan 21 2007
Posts: 2102
Location: Baltimore Maryland

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2003 Honda Element
Last updated: 09/21/07

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Post Sat Oct 31, 2009 7:39 pm

Ryu wrote:
I wish I got pics but the cop wouldn't let me take any. I didn't wanna **** him off.


What? icon_eek.gif I would of just taken pictures anyway and if he would of got ****,so what. icon_razz.gif What's he going to do,arrest you and take you to jail? lol I doubt it.
Hey man what you it for? Oh I'm in here because I took pictures of an accident that I was just involved in? lol icon_lol.gif
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