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Lost respect for highway patrol today

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You weren't at fault.

Does your car look "rice"? Lowered and fart tipped and such? The cop has prolly seen too many "racers" cause trouble and so has developed a prejudice towards rice. (I have a prejudice towards the ugly cars, not the owners as people...LoL) If he has, that's grounds for dismissal right there.

I'd be willing to bet that if you were driving a stock Volvo the report would be different.
rolleye.gif


 
Originally posted by: freebee
Keep us updated. Insurance law is really a PITA sometimes. Lot of times it doesnt make logical sense or goes against stuff we do every day.

Working in the insurance industry has made me paranoid....there are so many laws and regulations and they differ among different states...and weird things like left turns, uncontrolled intersections, double left turns, four way stop signs, etc....all create liability problems for insurance examiners.

I don't think you were entirely at fault....but regardless of what the other driver is doing (wrong or not)...you should have left yourself enough room to stop. This is why sometimes you see drivers get issued "following too closely" citations for rear-endings, even though the driver in front of them stopped for no apparent reason (and therefore should share some % negligance.)
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You can't "leave yourself enough room to stop" when you're talking about someone going in the opposite direction turning across your line of travel. I'm in agreement with Eli on your reading comprehension abilities.
 
Originally posted by: DurocShark
You weren't at fault.

Does your car look "rice"? Lowered and fart tipped and such? The cop has prolly seen too many "racers" cause trouble and so has developed a prejudice towards rice. (I have a prejudice towards the ugly cars, not the owners as people...LoL) If he has, that's grounds for dismissal right there.

I'd be willing to bet that if you were driving a stock Volvo the report would be different.
rolleye.gif
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His car is/was a bone stock '00 or '01 Chevy Prizm. No wheels, exhuast, nothing. Not even tint.
 
Originally posted by: OS
Originally posted by: freebee
Because your points of impact suggest excessive speed.

Though I am more familiar with NE law, from an insurance perspective depending on where you hit him, will vary your liability. I would have to examine Cal. law more carefully, but it should be fairly similar. Call your insurance company to verify the liability laws.
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Let me remind you again that the collision report itself says I was going 45-50 and the posted speed limit was 45.
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so you basically admit you were speeding.

have a nice day.
 
Originally posted by: Pepsi90919
Originally posted by: OS
Originally posted by: freebee
Because your points of impact suggest excessive speed.

Though I am more familiar with NE law, from an insurance perspective depending on where you hit him, will vary your liability. I would have to examine Cal. law more carefully, but it should be fairly similar. Call your insurance company to verify the liability laws.
Click to expand...

Let me remind you again that the collision report itself says I was going 45-50 and the posted speed limit was 45.
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so you basically admit you were speeding.

have a nice day.
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rolleye.gif
 
I am not a lawyer, and laws are different everywhere. However, based on my experience here in Florida:

1. The officer was NOT present at the scene at the time of the accident. So, his opinion will not stand in court.

2. What you told the officer at the scene is privileged, and it cannot be presented to the court without your permission.. Even if you told the officer you were speeding, going to drag racing, at fault etc., he cannot disclose it.

3. You had the right of way even if your light was red unless the truck had a green left turn arrow.

4. Tell your side of the story to the insurance company. If the trucker tries to sue you, it is often in their interest to fight on your side as they are liable for most (if not all, depending on your policy) damages if the trucker wins.

Again, Cali laws are different from Fla.'s, and I am not a lawyer.
 
What difference does it make who the officer says is at fault on the collision report?

The insurance company doesn't use that to assign liability, do that?

If not, who cares what the officer wrote?
 
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.

go kick his ass in court and if that doesent work rape his wife and daughter, gut his son and set him on fire 😀
 
if you are doing anything involved with illegal street racing in San Diego you can get your car impounded even for watching i believe.
 
Before you call a lawyer, call your insurance agent. That's why you pay for insurance. They have a vested interest in who was actually at fault in your accident and should fight to protect your (and their) interest.
And yes, ignore those who can't read.
 
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
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No sh!t. Only 43 feet of skidmarks and no airbag deployment does not indicate "excessive" speed.
Originally posted by: spikemike
if you are doing anything involved with illegal street racing in San Diego you can get your car impounded even for watching i believe.
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All well and good, but entirely irrelevant to determining who was at fault in ANY accident.
 
Were you stupid enough to tell him you were doing 45-50? From now on, just state that you were doing 45 only. Sue big time. I would.
 
Originally posted by: cheapbidder01
Were you stupid enough to tell him you were doing 45-50? From now on, just state that you were doing 45 only. Sue big time. I would.
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This is true. When a cop asks you "How fast were you going?" ALWAYS says the exact speed limit or less. I cannot stress that enough. Cops are government employees, which means they are bureaucrats. Spirit of the law means nothing to them, they only care about the letter of the law, and will screw you if given the chance. You have to remember, that is their job.
 
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
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This reading comprehension problem seems to be contagious

 
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
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He said he hit his breaks. If he didnt and still survived I'd feel that he would be at fault for not paying attention.

My advice just go through the process. They have to follow a process therfore the best way to come out of this is to??? Thats right go through the process. Tell your side of the story, file any paper work they need, etc. thats all you can hope to do.
 
Originally posted by: Cyberian
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
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This reading comprehension problem seems to be contagious
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The problem appears to plague all sides.
Only 43 feet of skidmarks and the airbags did not deploy. Airbags usually deploy at impacts of 25mph and above.

OS, are you aware that there is a precise formula for figuring out your speed prior to braking? Damage to the car can be used to (more or less) accurately estimate speed at impact, then knowing the coefficients of friction of both the pavement and your tires, plus the known factor of 43 feet. I can't recall the equation off hand but I'm sure you could google it or find out from a local college physics professor (where I originally learned it).
 
Originally posted by: DurocShark
You weren't at fault.

Does your car look "rice"? Lowered and fart tipped and such? The cop has prolly seen too many "racers" cause trouble and so has developed a prejudice towards rice. (I have a prejudice towards the ugly cars, not the owners as people...LoL) If he has, that's grounds for dismissal right there.

I'd be willing to bet that if you were driving a stock Volvo the report would be different.
rolleye.gif
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I take offense to that, cops love to pick on my stock Volvo. 😛

 
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