Unhooked

Hey guys,

I was recently involved in a minor accident. Thank God no one was hurt. Long story short, I didn't see him and he didn't see him. So to avoid me he swerved and banged a pole and damaged his bumper. My car however was fine as he completely missed me.

Now we exchanged info etc. He did call the cops and reported the case and I got a citation to attend a court etc. Under the offense portion of the ticket, the cop wrote Vehicle entering roadway.

Now this is where it gets interesting. I called up insurance company to report the claim. And well they tell me that there is nothing to report since no damage was done to my car. So now I am totally confused.

Also just as a good gesture I did ask the other driver to take his car to the shop and let me know the estimate so maybe we could solve this outside the court, ifs its like within a $1000, I wouldn't mind forking up $750 or so. He was driving a 2001 Infiniti sedan of some sort.

So Questions:

1) I have a court date that I do have to attend. So in the event that I am found guilty etc, who pays for his damage?

2) Now since this is official with a case number and all, can we still solve this outside the court?

3) If we do solve this outside the court do I make him sign some sort of document saying that by accepting to fix this issue outside, he agrees to the matter being resolved?

Thanks folks any help/advice would be welcomed. This is my first time in an accident involving another person and I have no clue how to go about this.

CarAndDriver

I'm no lawyer, but this would be my guess.

1. You or your insurance.
2. Yes, the case can be dropped by the plaintiff or settled by both parties.
3. Yes, I think there would be a set procedure of some sort.

Haven't been in your situation. Hope to never be in your situation.

Detrich

u didn't specify who had the right of way... also, why did u openly accept fault for the accident? even if u think it's your fault and even if it he had the right of way, you should never, ever admit to anything. for all u know, he was speeding excessively, and maybe that's why he couldn't see u or stop in time. there is always 2 sides to the story, and it's best to let the insurance companies sort it out. by accepting fault, u totally screwed yourself. since u were so ready to accept fault, the officer writing up the report probably just figured he'd give u a citation as well, when maybe u never should've even gotten one.

given the scenario you're in now, i think u just have to go to court and defend your position. explain what happened, but don't unnecessarily take the blame for anything. just go with the facts- ie what u saw & heard b4 the accident.

Winfree

Your insurance adjuster should be invovlved, and may even attend the court case and give evidence in his investigation as the company will share liability with you - you should pay a deductable and your and his company pay for the repairs. You also need to go back to the area, take pictures to show you were going the speed limit he was not, or, you had the light, he didn't or anything that would help your case. Know the police finding very well - especially since they gave you a citation - you are being blamed and need all the defense you can get, your insurance company might even help with the lawyer - I really hope it was not your fault!

Detrich

ditto what winfree said. it's good to be honest, but in the "real world" u have to also always protect your own interest and never put yourself in a position where u can be screwed over, like the situation u got into now.

ken-x8

If the summons you got was from the police, it has nothing to do with a damage claim from the other guy. You're being charged with a violation.

If you're found guilty, that would certainly support his side if he does file a damage claim. As well as cost you a fine, points, and possibly higher insurance rates. So you do want to fight the summons, if possible. Think about what happened, what you did, what you may have said, etc., and whether the police have enough evidence to make the charge stick. Depending on your age and driving record you might want to consult an attorney.

If he does file a claim against you, turn it over to your insurance company. They'll take care of everything on the civil side.

Ken

nycgps

iTrader: (1)

are you crazy ? you know that you're getting fucked right ?

just like the others said, if the cop gave YOU the ticket, that means even the cop think is your fault. and how could u admit it when your car has no damage at all ?

You better fight it off or else you're taking full responsibility of this incident.

ken-x8

My sister in law once saw someone run off the road. She stopped to see if he was OK. He was. He asked for her name and address. She figured he wanted to know who the good samaritan was.

The ****** then claimed she had run him off the road, and collected from her insurance company.

So anything can happen.

Ken

nycgps

iTrader: (1)

WoW

what an ***.

anything can happen ...

alnielsen

iTrader: (4)

Unhooked,
Talk to a lawyer. Consultation is free. He may be able to get you out of the ticket. INAL, but the officer can only report on what he investigated. What you said to him or the other party is hear say. A lawyer may be able to get this thrown out.

Unhooked

Well I don't believe I admitted fault, I never said something like "I am sorry it was my mistake" ... I did however say sorry since I thought that was the civil thing to do.

The cop said that he sees this stuff all the time, he said " You (me) were probably making your way through traffic and when you reached the other end, he didn't see you and you didn't see him".

Also I did ask the cop that since I had no damage to my car so how does this work. He said that he is not the person to pass the judgement but I was however involved in the accident. He also said to call up my insurance company and give them the case number and they would take care of the rest.

Also I believe in GA any person involved in a accident has to appear in court. It says so in the back of the ticket, so I am sure he got one too and getting one does not imply guilt. Hope that helps

I think my best chance is to get this resolved outside the court and prolly get something in writing. The court citation is to determine who is at fault so if we resolve this outside I am sure we could tell the judge that this matter has been resolved ....not sure if I would be still fined tho..

Thank you all for your input

ken-x8

Unhooked -

Don't guess. At the very least, take the cop's advice and pass the case number on to your insurance company. When they told you there was nothing to claim because your car was not damaged they may not have understood that the other guy might be filing a claim. The sooner they know that the sooner they can protect themselves - and probably you along the way. Unless they insure the other guy too, your interests tend to coincide.

That statement by the cop sounds like he thinks it's one of those "nobody is really to blame" deals.

Hopefully, whoever you talk to at your insurance company can give you a rundown on how this kind of thing works.

FWIW, being responsible for a fender bender is not the end of the world. It will just cost you some money. IMHO, if it's in the thousand dollar range like you suggest, it's better to let your insurance company cover it and take the hit on the rates rather than settle off the books.

Ken

Unhooked

Hey thanx,

I guess I am just a little shaken up since this is my first accident involving someone else. I am going to see if I can get hold of a local agent and ask them where to go with this.