AAHHH! Had an accident and need advice - Page 2 - Ford Mustang Forum
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post #16 of 45 (permalink) Old 01-16-2006 Thread Starter
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Halo, thanks for the input.

When I spoke with the officer, he mentioned that the other driver would be mentioned as a witness on the police report. I have yet to get a copy of the police report in my hands, but if that's the case, my insurance claims adjuster told me that they can use that to go after the other guy's insurance for the damage to my car.

This definitely sheds some light on the situation, and I thank you for your reply.


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You're welcome.
You seem like a nice guy Crazy. Pretty level headed for a 20 year old.

Here is a bit of advice for you. When you get your copy of the MV104a (that's the NYS accident report) you will also recieve a blank civilian accident report that you will then fill out for your insurance company. The insurance company will then take both reports and try to ascertain if the other guy is liabel at all. To tell you the truth, this will be a battle between the two companies.

You will get your car fixed.
You will pay your deductable.
Your rates will go up.
You will be driving more carefully in the future.

I hope you get the pony fixed quickly. I know that it would be making me sick seeing that damage everyday.

Good Luck.

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post #18 of 45 (permalink) Old 01-17-2006 Thread Starter
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Well, you're right about that one! I've had my mustang for a little over a year now and until now, I haven't had so much as a single door ding on it. Monday morning, the first thing I did was go to a reputable body shop and make an appointment to get it fixed, as I hate having a damaged car. I'm gonna have to fork over the deductible for now, and there's a good chance my insurance company will never get anything from the other guys insurance.

This came at a really bad time for me, as well. I'm in NY because I'm active duty military, and I'm deploying to Afghanistan for 15 months starting the first week of February. So, I don't think I'm going to have enough time to completely settle everything with the insurance company before I leave, and there's a chance I'll have to fight the traffic ticket when I get back sometime in the middle of '07.

I've always figured as long as I'm gonna be driving a car, things are bound to happen, and when they do it makes no sense getting too upset over it. That's why we all have insurance

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Last edited by Crazy001; 01-17-2006 at 07:48 AM.
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I wouldn't have cited you if I could verify that you were in the act of passing before the guy pulled out from the driveway. People pulling out of driveways can't assume there is no passing traffic. I bet the guy only looked to his left and then pulled out right in front of you. The too fast for conditions thing the trooper went with is a crutch...but is hard to disprove. He didn't cite you for that though. Sounds like no matter what the road conditions were...it would have worked out this way. The other driver should be listed as a non-contact vehicle...all his information would be listed on one of my accidents reports.
I would try to fight this one...I believe that the person pulling out is at fault for violating S 1143. Good Luck!
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post #20 of 45 (permalink) Old 01-17-2006 Thread Starter
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Thanks, I was looking for someone in law enforcement to offer an opinion in here. That's the gist of what I'm gonna fight, and given the circumstances I'm going to ask the DA to drop the charge, therefore giving my insurance an easier time going after his insurance.


Due to my trip to afghanistan next month, they won't be able to get me into court before that, and I doubt they'll want to take it to trial after a year and a half, so I'm hoping they'll just drop it.

Thanks for the input, anybody else?

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Quote:
Originally Posted by Crazy001
Thanks, I was looking for someone in law enforcement to offer an opinion in here. That's the gist of what I'm gonna fight, and given the circumstances I'm going to ask the DA to drop the charge, therefore giving my insurance an easier time going after his insurance.


Due to my trip to afghanistan next month, they won't be able to get me into court before that, and I doubt they'll want to take it to trial after a year and a half, so I'm hoping they'll just drop it.

Thanks for the input, anybody else?
If you fight it, get a lawyer. Thanks for your service and be careful over there.
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Quote:
Originally Posted by 4511.21
The other driver should be listed as a non-contact vehicle...
good 'ol Unit A. the one who causes kaos then splits the scene....

Crazy: man, i wish you luck with that. i agree that it seems like you got a bum deal. like i said before, it just one of those situtations that sucks. but, just by looking at the laws you posted, my knowledge of OK laws, and my experience of what ive seen in the past, i still stick to my opinions in my previous posts. i might be wrong too, whoknows. it is hard with any degree of complete accuracy for an officer from another state to tell you 100% about your states laws. each state is different in a lot of ways. at any rate, i hope it works out for you. :tongue

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post #23 of 45 (permalink) Old 01-17-2006 Thread Starter
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Sandyman, thanks for the advice and support, all of us in the military sincerely appreciate that kind of sentiment.

GTNOS, it'll be interesting to see how this ends up, but unless I'm missing something in the law, the case seems pretty clear cut. At the same time, I'm seeing a lot of folks, like yourself, that think that i was in the wrong because I was passing. I can understand this, and that's one of the reasons I asked for help because I was hoping if there's some law that proves it, someone could turn me onto it.

I'm hoping that the way the two laws read, the statement of a witness I have, and the fact that I won't be available for trial anytime soon will be able to convince the DA to just drop it. We'll see...

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good luck in the desert son...be careful....let us know when you get there and i'll raise a glass to you.......let us know when you get back and i'll raise another glass to you............................................... ...oh hell let me know anything at all and i'll raise a glass to that too(hiccup) ..anyway watch yourself crazy
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Crazy,

I don't have any enlightning information on the law, but I'd like to comment on your situation. I am wondering if the vehicle you were passing sped up at all, forcing you to increase your speed more than you originally intended. Although that vehicle would have been a "non-contact" vehicle, that could have been a contributing factor to the accident.

In NC, we have a passing law that says that once you have initiated a pass, the slower vehicle is obligated to allow you to pass him as long as you alerted him to your intentions by blowing your horn first. RIGHT, like that really encourages a guy to let you pass. Anyway, I usually give a quick-as-possible toot so as not to piss off the poker too much, just as I begin to overtake a car from the left lane. At night, I'll flick my lights off and back on before passing as well (works a lot better than the more common high beam flick, which definitely pisses some folks off). I think it kind of freaks people out (like, "Hey, where did that car go???") and leaves them looking in their rear-view while you've just increased your speed to get the jump on them (I run into a lot of people who just don't like to be passed... and I don't pass people who aren't running BELOW the posted speed limit... CRAZY! Oops, no offense Crazy).

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post #26 of 45 (permalink) Old 01-17-2006 Thread Starter
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DownWithEyes, I never really knew the specifics for NY until after I got in the accident on saturday. When I looked it up, by NYS law, the driver of the vehicle being overtaken is required by law to not increase his speed until he is overtaken, and is required to yield the right of way to the overtaking car upon an audible(horn) signal.

To me, this implys that I'm supposed to hit the horn when I want to come back in the lane for the other driver to yield. This didn't have much of a bearing on the accident I had, as the other driver did not accelerate at all. I was passing normally, and when I was right next to the car, about 4 or 5 seconds after I pulled out, the other car made the right turn into my path. Thanks for the insight, though.

nghtrnnr, thanks for the support, and I'm happy to give someone an excuse to have a drink!

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Maybe I missed something in your original post.

You said that you were "cited". Did the Trooper actually issue you a traffic ticket? If so please give me the charge and the VTL number.
In NYS you cannot be issued a ticket for a violation unless the Officer actually witnessed the offense.
Cases like DWI where the Offense is at least a misdemeanor is the only time that an Officer can give you a ticket without actually witnessing it.

My hats off to you in the military. Didn't you show your military ID to the Trooper? That always works with me!
you can go to the court clerk (in uniform of course) and ask for an appointment to talk with the prosecutor in order to settle this in a timely manner considering your impending deployment.

Good Luck. God Bless. Stay Safe!!
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post #28 of 45 (permalink) Old 01-18-2006 Thread Starter
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It was section 1180E,

"unreasonable speed/special hazards"

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Quote:
Originally Posted by Halo 819
In NYS you cannot be issued a ticket for a violation unless the Officer actually witnessed the offense.
Cases like DWI where the Offense is at least a misdemeanor is the only time that an Officer can give you a ticket without actually witnessing it.
i would dbl check that one Halo, supreme court case law states that an officer can cite on accidents when his investigation shows a driver committed a traffic offense. that and Domestic Violence is the only 2 situations where an officer can arrest on a misdemeanor not committed in his presence. (a traffic ticket is technically an arrest by the way, thats supreme court case law too) i find it VERY hard to believe that NYS never tickets drivers on accidents. granted, i cited federal case law, and state law can be more restrictive than federal, and not allow things that federal does, but i HIGHLY doubt it in this case and would be absolutely shocked to learn that NY doesnt ticket on accidents. not to mention, we are talking a STATE trooper here, not some burnt out cop from somewhere in the sticks. im sure if there was a law against citing people on accidents, he would definately know about it, and definately wouldnt cite you since it would make him look like a complete idiot.

also, i dont know what you mean by "at least a misdemeanor" there are only two types of crimes: misdemeanors and felonies. ALL traffic citations are misdemeanors, thats why on most traffic tickets you can sign them for personal recognizance (which is basically posting your drivers license as bail) and be released in the field, as opposed to felonies (robbery for example) that you have to be taken into custody for and arraigned within 48 hours at which time a judge will set your bail. certain misdemeanors like DUI / DWI and Driving while suspended / revoked you are usually taken into custody for.

im sure 4511 will back me on this...

Crazy: man i would seriously check on validity of that before i spouted that off to the judge or DA.

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Last edited by GTNOS; 01-18-2006 at 11:52 AM.
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post #30 of 45 (permalink) Old 01-18-2006 Thread Starter
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Angry

Hmmm... this is getting interesting.

First of all, I think where we're getting confused is differences in state law. On the ticket I was given, there are two boxes, one is checked. One says Misdemeanor, the other says Traffic Infraction. I'm pretty sure a traffic infraction is not a crime, therefore it is not a misdemeanor.

Here's where it gets REALLY interesting... The other driver never gave me his information, and the state trooper told them they could leave before I could get it. Monday morning, I drove by the veterenarian clinic, as it was on this property that the accident happened. I first asked if they were going to file a claim for the damage to their mailbox. They said it's no problem and not to worry about it. Then, I asked if they could possibly give me the name and phone number of the person who would have left their driveway at that time, to which she replied that it was an employee of the clinic. She kindly gave me the lady's name, and asked me to call her back during business hours. I called her last night, and she was very curteous, offering to call me back with all of her insurance information. I was very nice, never got upset, and I thought the call went very well. I never got a call that night. This morning, my first sergeant, my boss, at work called me into his office, saying that they were threatening me with HARASSMENT charges because I called her at work, and that they refuse to give me their insurance information, because I was cited as at fault in the accident. Isn't that illegal?

I called my insurance company, told them that I knew the lady's first name, and where she worked, and that's all I had. I also told them of the threat of harassment charges, and that they refused to give me their insurance information. The insurance company's working on it now...What's a good way to proceed with this?

On edit: This may be a sign they don't have insurance...


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