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 Posted: Mon May 11, 2009 9:01 am Post subject: What could my auto insurance company do? |
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A month ago, someone run red light and knock my car and myself off to a tantrum. I had the fear of my life. The offender was a hysterical woman who screamed the whole time after the accident. Luckily, I had someone who witnessed the whole thing and gave police a statement on the spot. Now, while there is a case by the NJ State against the offender, the offender are filing complaints about me for the reckless driving and not observing red light. I'm thinking about getting an attorney. Before doing so, is there anything my insurance company can do. If the offender wins, my insurance will loss too. Any suggestions on what I should do? Why would the offender lie to the court? Would there be ramification for her lie?  |
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Cindie
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| Posted: Mon May 11, 2009 9:15 am Post subject: |
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Cindie
| Quote: | | the offender are filing complaints about me for the reckless driving and not observing red light. |
Filing complaint, but with whom? 
You have got the police report as well as the witnesses statement to support your story, how can she change her statement now? May be you need to offer us more information. |
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jeorge
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| Posted: Tue May 12, 2009 3:50 am Post subject: |
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Cindie, your presence in this thread is required for us to help you further.
| Quote: | | Why would the offender lie to the court? |
Well, has she filed a case against you?
Have you reported the claim to your insurer yet?
Please, follow-up with us. |
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jeorge
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| Posted: Tue May 12, 2009 9:01 am Post subject: |
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Hi Cindy..
Would like to know more about what the witness had said to the police.
Did you actually cross your line and failed to realize till late?
..Otherwise why are you so scared that the other party might win?
Steven |
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steven
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| Posted: Tue May 12, 2009 12:17 pm Post subject: |
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Cindie, if your auto carrier has determined that you were not negligent in the accident, thus liable for the damage to the other party they will defend any suit...
All you need to do is make sure you filed a claim with your carrier, and get to them any suit papers you get immediately...your ins company will provide a legal defense..if a suit has been filed...
Your information is too sketch...please provide answers to the questions you've been asked if you want some help
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Wed May 13, 2009 2:47 am Post subject: |
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I was very clear it was green light when I past the line. The witness was very clear that she had a red light when the accident happened.
Now the offender filed a complaint with the municipal court against me with the same charges that the police charged her.
I know she apealed the police's ticket because I got a court order to appear as witness for police's case.
Now thinking back, the offender seems to be experienced one. I was completely shocked and in pain in the day when the accident happened. The offender were crying and screaming the whole time when the witness, myself and the police were talking.
Hope this clarify the questions.
What role does my insurance company play? |
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Cindie
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| Posted: Wed May 13, 2009 11:47 am Post subject: |
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| Quote: | | What role does my insurance company play? |
If this other party would file a claim or suit against you for damages or injury your carrier would defend it at their expense...
How can a citizen file charges in muni. court? Never heard of that...I assume she's saying you ran the light right? Is that intersection monitored? Is there a camera? If not how on earth would she expect to prove such a thing?
Sounds to me you're on solid ground with an independent witness that saw the lights...be sure you have that witness when going to court..
What are the court dates for these two appearances? Have you told your carrier about this?
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Thu May 14, 2009 12:41 am Post subject: |
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| Quote: | | How can a citizen file charges in muni. court? Never heard of that... |
You would be suprised what a citizen can do in the court system pro se (without a lawyer). However, they cannot file charges...they could appeal the charges against them and attempt to counter by stating what they claim the truth to be, but normally the most that could happen is they be found innocent in their case. It would then be up to the court, namely the prosecutor if they chose to pursue the other allegations.
With the advent of the internet, there are so many cases where people are attempting to be their own lawyer! They read forums and get legal advice from people who have no business giving it! Unfortunately, the court system now frowns upon people being self-represented.
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ChrisBantly
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| Posted: Thu May 14, 2009 6:27 am Post subject: |
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Hi Cindie,
| Quote: | | The offender were crying and screaming the whole time when the witness, myself and the police were talking. |
I think I can empathize with you on that account...yes she seems experienced as she pretended to be in for a shock!
If now she's blaming you for running the red light...then what does she have to say of the light on her side? How's she gonna explain that?
| Quote: | | What role does my insurance company play? |
I guess they should defend it as Lori has mentioned...and also they'd investigate if required..since you've mentioned about the witness..
do you have the contact information of the witness with you?
..if that intersection gets monitored it would be foolish on the offender's part to appeal the police's ticket...am I right?
Steven |
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steven
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| Posted: Thu May 14, 2009 3:45 pm Post subject: |
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| you can use the police report and the statement of the witness to contest the possible case given to you by the offender. This way, you can pledge not guilty from all the accusations and at the same time get the things that you need from your insurance company... |
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teenanesbit
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