Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Mom Confessions Mom Confessions

What would you do? The other driver LIED to the police.

Anonymous
Posted by Anonymous
  • 59 Replies

A long story short. I was involved in a car accident at the end of June. The other party was clearly at fault (without a turn signal, and speeding, they crossed over a double yellow line into my lane, then slammed on their brakes to avoid hitting a deer. This caused me to rear end them because they flew in front of me and I had no time to react). I was injured. The other party was not. There were no witnesses. Due to my injuries, and pregnancy, I was taken immediately via ambulance to the hospital. The police officer gathered statements from the uninjured party who completely lied. 

By time the police officer was able to see me (after I was out of surgery, done with 3 different ultrasounds, out of recovery and back into my hospital room) he stated that due to the "evidence" and talking to the other party, he was issuing me a citation for failure to reduce speed to avoid a collision. Not a huge deal but very annoying, nonetheless. Furthermore, the other party lied to their insurance company as well, causing my insurance company to pay for their damages to their vehicle, as well as issue them a payout. 

Today I have traffic court. I don't know what to expect, or what to do. Just show up and pay the citation ($300)? Request a continuance, hire an attorney, and try to fight this but drag it out forever? 

This accident has put me through hell. I've already paid a ton of money in medical deductibles (close to $5k), and had the constant worry of having a miscarriage (of a baby that we have tried for over a year to conceive..) due to abdominal trauma. This has also caused my husband to miss several days of work, me to be on bedrest, and more. The other party, however, had zero injuries, their car was fixed and it cost them $0, and they're just living life like normal.

I don't know what to do. 

UPDATE: I went to traffic court and it was really easy. The DA just asked if I had a letter from my insurance company saying that they settled with the other driver/paid his damages. I gave it to them, and they dismissed the entire ticket. 

I contacted a lawyer to see if there's anything else I can do about the medical bills, etc. and we set up a consultation for Friday.

Thanks for your advice, everyone. 

Posted by Anonymous on Aug. 20, 2013 at 9:45 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
Anonymous
by Anonymous 2 on Aug. 20, 2013 at 9:48 AM
1 mom liked this

You should have told the police your side of the story when they came to you in the hospital,  now you are pretty much screwed!

Smokeswifey
by on Aug. 20, 2013 at 9:49 AM
No idea but bumping for you. I'm so sorry that you're going through this
Anonymous
by Anonymous 3 on Aug. 20, 2013 at 9:50 AM

When you rear-end someone, you are at fault. At least that's the law where I live. It doesn't always make sense.

Anonymous
by Anonymous 1 - Original Poster on Aug. 20, 2013 at 9:51 AM

I didn't talk to the police officer. I was heavily medicated from surgery, in a ton of pain, and he just stated what I said in the original post, left my wallet, keys, registration, drivers license, and the citation on the bedside table and left. I was in no position to speak with the oxygen, etc. All I could do is shake/nod my head, raise my arm to signal yes/no, etc. 

Quoting Anonymous:

You should have told the police your side of the story when they came to you in the hospital,  now you are pretty much screwed!


Polkadotted
by Bronze Member on Aug. 20, 2013 at 9:51 AM
1 mom liked this

now you show up, tell your story and see what happens.  If you have to pay it, I'd just pay it.

Armywifeholcomb
by Silver Member on Aug. 20, 2013 at 9:52 AM
Honestly I'd get an attorney. Or at least a consultation. Was there any businesses around that may have had cameras outside that may have caught what happened? I'm sorry that this is happening!
Good luck! I'm glad you are ok and baby is too.
Hanab818
by Ruby Member on Aug. 20, 2013 at 9:53 AM
Tell your story. Then go to the PD and file a complaint against the officer who did the original report and get a lawyer.
Anonymous
by Anonymous 1 - Original Poster on Aug. 20, 2013 at 9:53 AM

Ive heard that before and that's what I was afraid of. It just makes no sense because there is literally nothing I could have done to avoid it. He broke several traffic laws and I had no time to react.

I would have no problem paying the citation, taking the points on my license (I've NEVER had a ticket, anything before so this would be all that's on my record/insurance) and just moving on if this was legitimately my fault. I'm not trying to divert blame, or play the victim card. I'm really not. But facts are facts. I really couldn't react in time.

Quoting Anonymous:

When you rear-end someone, you are at fault. At least that's the law where I live. It doesn't always make sense.


Anonymous
by Anonymous 4 on Aug. 20, 2013 at 9:53 AM

I'm sorry. At this point I don't know what good fighting it would do. And in many places if you rear end someone you are automatically at fault because supposedly if you were following at an appropriate distance you should have been able to stop. Good luck.

cmfarm
by Bronze Member on Aug. 20, 2013 at 9:53 AM
Did they take a statement when they visited you? I would just go in there and tell them the truth. No need for a lawyer.
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

close Join now to connect to
other members!
Connect with Facebook or Sign Up Using Email

Already Joined? LOG IN