PDA

View Full Version : Need some advice


01WS6
05-05-2009, 04:37 PM
Im new to the forum but have been driving OTR for about 18 months with no accidents or tickets on my driving record. But this is my situation: Last night i came out of local grocery store to find that a women had backed into my 4 wheeler breaking the headlight lenses and doing some minor damage to my front bumper and quarter panel. My deductible for my insurance is $1000 and the damage didnt look to excede that, so when the women begged me to just swap insurance info and not call the police I reluctantly agreed. Bad idea. An hour later the local police departent called me stating she was making an accident report and told them I rear ended her in front of the store! I told the officer my side of the story but he didnt seem to buy it. Hes coming to inspect my vehicle today to make a decision as to whos at fault. I had no witnesses and either did she other then her younger childrent (probably not even 10). I have a bad feeling that im going to get pinned for this and if so how badly is this going to effect my current and future job opportunities? Is there any way to dispute an officers decision as to whos at fault? We had both left the scene of the incident for over an hour so i cant understand how the officer can take my word over hers or vice versa. Any advice in this matter would be appreciated. The last thing i want is to be blacklisted because of a rear end collision. BTW, I live in Michigan if that helps.

Silent Runner
05-05-2009, 05:46 PM
See if the store, or a nearby one, has an outside security camera that might show the accident.

See if the breakage is still in the parking lot. That may show who was parked and who wasn't at the time of the accident.

Ask the cops to get a statement from the children. Most will tell anything if asked in the correct manner, even if not admissible in court.

Is she claiming to be injured or just her car? If just her car, consider this a cheap lesson whether you get stuck with the bill or not.

Good luck to you.

got mud?
05-05-2009, 08:25 PM
Im new to the forum but have been driving OTR for about 18 months with no accidents or tickets on my driving record. But this is my situation: Last night i came out of local grocery store to find that a women had backed into my 4 wheeler breaking the headlight lenses and doing some minor damage to my front bumper and quarter panel. My deductible for my insurance is $1000 and the damage didnt look to excede that, so when the women begged me to just swap insurance info and not call the police I reluctantly agreed. Bad idea. An hour later the local police departent called me stating she was making an accident report and told them I rear ended her in front of the store! I told the officer my side of the story but he didnt seem to buy it. Hes coming to inspect my vehicle today to make a decision as to whos at fault. I had no witnesses and either did she other then her younger childrent (probably not even 10). I have a bad feeling that im going to get pinned for this and if so how badly is this going to effect my current and future job opportunities? Is there any way to dispute an officers decision as to whos at fault? We had both left the scene of the incident for over an hour so i cant understand how the officer can take my word over hers or vice versa. Any advice in this matter would be appreciated. The last thing i want is to be blacklisted because of a rear end collision. BTW, I live in Michigan if that helps.

you should have called the police just to CYA. you would not have had to turn the claim into the insurance company. you can have accidents all day long and never make a claim to your insurance company to pay for it. there is a reason you should REPORT ALL accidents to the police. it protects you from stuff like this.

on private property all the officer would have done is make a report and your butt would have been covered. bol sorry you had to learn this way.

to others CYA.

01WS6
05-05-2009, 10:48 PM
Not calling the police was a big mistake that i will never repeat again, thats for sure. The other driver wasnt reporting any medical issues, just the damage to the car. But I called every store in the complex that this happenned in and none of them have cameras taping the parking lot. So at this point its more or less her word against mine and I think im pretty much screwed. Im waiting for the officer to return my call to come and look my vehicle over. If he decides in to believe her bs story maybe i can convince him to write the accident up as a side swipe or something, which would still look bad but not as bad as a rear-end collision. The passenger side of her bumper is damaged as it wraps around the back corner and the front end of my car has been hit on the angle she was backing up at.

matcat
05-05-2009, 11:50 PM
From my understanding, if it is on private property, with no witnesses, and both parties left the scene, there is nothing they can put on either record.

01WS6
05-06-2009, 12:29 AM
From my understanding, if it is on private property, with no witnesses, and both parties left the scene, there is nothing they can put on either record.

I hope your right. My problem with that is that she is saying that the accident happenned on the road in front of the store. We left the scene but the cop was saying she met him back at the scene an hour later.

GMAN
05-06-2009, 11:26 AM
If there was broken glass then there should be fragments where the accident happened. It should be evident if she was backing out of a parking spot at an angle the damage would appear differently than if you rear ended her straight on. In any case there should be some evidence where this happened. I would check the parking lot and if you can find something then I would call the cops and file a complaint. If you can prove that she is lying then she could be charged with filing a false police report.

Snowman7
05-06-2009, 01:04 PM
Deny, deny, deny. Stick to your story. If it happened on private property the police can't write a ticket anyway. If she filed a report the police have to check it out even if they dont believe her so dont worry yet. Then if they decide to charge you with anything you still get your day in court and it should be pretty hard to prove with no witnesses. Kinda sounds like you were set up by this biotch. Hopefully the police can thru it.

Silent Runner
05-06-2009, 04:28 PM
Thought of something else last night. Your grocery receipt should be time stamped, same with hers. If you don't have a receipt, the store will have a copy unless it is a Mom & Pop place. things to make the officer ponder: Why did you leave before her if she checked out ahead of you? If you rear ended her, how is it your vehicle has front damage and hers has rear damage? Store may have an indoor camera showing her leaving well in advance of you, too.

If it happened on the street, how could the breakage be in the in the parking lot, and how can she be claiming you rear ended her on the street?

Final thought for future use: if she hit you, your deductible should be irrelevant. She pays the damages for both vehicles. Get your insurance company to help you on this. Their fraud department will be much more interested in the truth than the cops are. See if she has a history of claims like this one.

01WS6
05-06-2009, 09:23 PM
This is a total disaster. The cop wrote me at fault last night for the accident AND wrote me a ticket for CARELESS DRIVING! He had a ticket written up for me before he even inspected my vehicle! He said he found a couple small pieces of plastic lense from my front headlight on the street, which the ONLY way could have been in the road is if they fell out of the bottom of my bumper or something as i pulled out of the parking lot. I explained this to the officer he didnt buy it one bit. There were no cameras anywhere in that complex I asked every store yesterday and theres nothing. Now Im afraid that if his ticket holds in court im going to lose my job!
What should I do, get an attourney and hope for the best or go to court and go along with the other drivers story and pray that they drop the ticket to a non-moving violation?

Silent Runner
05-06-2009, 09:37 PM
Sorry you are having such a problem with this lying "woman" and with the cop.

JMO, do not, under any circumstances, claim that she may be telling the truth! That just makes you the liar and I would think any judge would ream you for trying to lie your way out of this mess.

Uturn2001
05-07-2009, 12:07 AM
Yes, I would get an attorney if I were you and fight this. I would also talk to your insurance agent and let them know what is going on.

Also if I were you I would grab a camera and get out to the store this happened at and start taking photos. Hopefully there is still some evidence laying around and a lot sweeper hasn't taken it all away. Also be sure to get several good photos of the damage to your vehicle. If the cop only found a couple of small pieces and the damage was more extensive they will have a hard time explaining it.

If you do win I strongly suggest you sue the liar for slander and what ever else your lawyer can come up with and sue her for all attorney fees, lost wages, damages to your vehicle, etc. It would be a good idea to talk to your lawyer about filing a suit against her from the start as depending on how the court system is set up where you are at the lawyer may be able to get this as part of the case and have everything wrapped up at once. Even if that is not possible your lawyer should know what your desires are in this from start to finish.

Also if she files a claim against your insurance they might, if you do win, turn around and file charges against her for insurance fraud and the state's prosecuting attorney could have have charges filed for making a false police report among other things.

I hope you come out of this OK, and I hope at least one other person learns from your error.

matcat
05-07-2009, 02:35 AM
Wow what a total BEEP that chick is! Get a lawyer!!! I would of never left that scene without a cop there from the beginning, and I would of been using my camera phone to take all kinds of pictures.

I really don't think this will hold up well in court anyway once it gets there, because you have a your word against hers, with both parties agreeing to leave the scene before a police report was filed. If anything the tickets could probably get dropped, but the judge will probably lean towards naming you at fault, but it is hard to say, one of the reasons you really need to get a lawyer.