I am a lawyer in GA and I do these types of cases. Everyone is correct. You should notify your insurance company, see if they recommend one. You would have to pay a retainer, but wouldn't be that expensive for this type of case, unlike a DUI or something pretty bad. What type of court is it in? I assume it's magistrate, or small claims court. Is she claiming any injuries? Also does she have an attorney? If so, you definitely need one. Here is what you have going for you: Since she is the plaintiff, she has the burden of proof to show the judge that more likely than not (51%, unlike beyond a reasonable doubt, in criminal cases) you were at fault. Based on the police report and pictures, it seems that she would not be able to carry her burden. I would also contact the police department and ask to see if that officer would show up. Tell them that you would pay him for his time. If not, you can try to subpoena him to show up. If she has an attorney, that attorney may try to exclude the police report in court since it is heresay. In any case, you are sitting in the driver's seat since she has the burden. Good luck, and pm me with any questions.
Legal Advice Needed: Incident on way to NJMP
- Thread starter andykurz
- Start date
andykurz
Member
Another update: small victory!
Her insurance company accepted full liability today and is sending a check for the damages, which were ~$800. I will likely sign this money directly over to Collin @ Shagmoto. For those of you who have seen my truck, it not really one of those ones that you shine up and take to shows. I've already made most of the repairs I plan to make.
Still have this frivolous ticket thing to work on. Thanks everyone for the help!
Her insurance company accepted full liability today and is sending a check for the damages, which were ~$800. I will likely sign this money directly over to Collin @ Shagmoto. For those of you who have seen my truck, it not really one of those ones that you shine up and take to shows. I've already made most of the repairs I plan to make.
Still have this frivolous ticket thing to work on. Thanks everyone for the help!
betarace
Member
Hang on. I would send the ins co a note that the amount is "acceptable pending a doctor examination and in consideration of the false claims of their insured client". Be vague. The ins co may counsel their client to drop charges and move on. If they think you are a trouble maker they may reach out to their client and tell her to back off.
rk97
Member
Is the other driver suing, or is this a summons for the other driver's criminal citation?
I wasn't under the impression the OP was a party to the case. I was under the impression that he was being summoned as a witness.
(PS, to the OP, you have a PM from me, but as I said, I worked in felony criminal prosecution. I would defer to this gentleman's expertise, given his experience with these types of cases)
andykurz
Member
Thanks Chris, great info in your PM.
the summons is here: https://docs.google.com/file/d/0Bzdp...it?usp=sharing
But:
1. Other driver is charging me with a traffic offense
2. Private parties in NJ can do this if they show probably cause (PC being, our accident perhaps?)
3. I am the defendant
4. This is municipal court
5. I have not been sued (yet!)
6. No officer cited me with any traffic offense, in fact, the officer cited HER with an offense
Reminder,
1. She was issued a ticket / summons at the scene and declared at fault. I was not issued an offense by the officer on scene
2. Her insurance company has accepted 100% liability
I believe that, knowing I was an out of state party, she accused me of "Careless Driving" in the hopes that I would mail the ticket back in, pleading guilty, or not show up to court. If that were the case, we would then have competing offenses at the accident: her unsafe lane change (which I assume she is trying to fight) and my apparent careless driving. None of that will happen.
the summons is here: https://docs.google.com/file/d/0Bzdp...it?usp=sharing
But:
1. Other driver is charging me with a traffic offense
2. Private parties in NJ can do this if they show probably cause (PC being, our accident perhaps?)
3. I am the defendant
4. This is municipal court
5. I have not been sued (yet!)
6. No officer cited me with any traffic offense, in fact, the officer cited HER with an offense
Reminder,
1. She was issued a ticket / summons at the scene and declared at fault. I was not issued an offense by the officer on scene
2. Her insurance company has accepted 100% liability
I believe that, knowing I was an out of state party, she accused me of "Careless Driving" in the hopes that I would mail the ticket back in, pleading guilty, or not show up to court. If that were the case, we would then have competing offenses at the accident: her unsafe lane change (which I assume she is trying to fight) and my apparent careless driving. None of that will happen.
noobinacan
Member
Good luck to you.
While you are at it....mop the court room floor, hallway and parking lot with the lying bi***&^
need to hang people like this high off a bridge somewhere.
While you are at it....mop the court room floor, hallway and parking lot with the lying bi***&^
need to hang people like this high off a bridge somewhere.
andykurz
Member
Thank you all for your advice on this topic, it has finally been resolved. I made my court appearance today, but since I was the only one who showed up, it was dismissed without any questions or discussion from the judge. The bailiff just rolled his eyes when he saw why I was there.
I had to wait in the courtroom for about 90 minutes for my name to be called. You get to watch every other trial / proceeding while you wait. It is both interesting and depressing!
See you on the track!
I had to wait in the courtroom for about 90 minutes for my name to be called. You get to watch every other trial / proceeding while you wait. It is both interesting and depressing!
See you on the track!
noobinacan
Member
Glad its sorted Andy...
Putting you through all this headache and trouble...it will even out, Karama always catches up.
Putting you through all this headache and trouble...it will even out, Karama always catches up.
