perhaps you should attend a driving school





SRSLY

 

dont settle keep fightin!

 

im not, fukcing people on the roads cant drive, especially in new york.

 

uhh if they were in the car they don't count as a witness...I feel your pain though, my accident from a while back hasn't settled yet either. glad you're okay, hopefully its not totaled.

 

the 07 easy repair theres barely nothing there !

 

i've had my share of vehicle accidents. the only way (according to what i've been told for CA.) that they would be able to hold any claims of speeding against you is if there was evidence from your vehicle on the street such as, skid marks. they usually measure your skidmarks from point of braking to point of impact (and any continuing skidmarks after point of impact) and had to have such skidmarks documented on the actual police report.

that's what they did for my case last year. this other girl was speeding and hit me. she said she wasn't speeding, but when the cops measured her skidmarks, they came to the conclusion she had to have been going more than 35mph in order to lay 60 feet of skid marks. :/

not sure what's on your police report though..

if there's no measurements of such done by a police officer, i wouldn't sweat it and i'd continue to fight it, because there's no way they can accuse you of speeding if there isn't physical evidence to back up such a claim.

 

Tell them you want to go to court and she can claim you were speeding while you can prove she was intoxicated. Have you ever watched the BS a cop has to go through to prove that they knew you were speeding when they have you on laser/radar? I would ask what class she attended and training she has received to know you were speeding? Then I would ask if they trained her while she was intoxicated because that was her state of reference. If the police measured and included it in the report, they can find the approximate speed, but you would have seen them walking the marks with a measuring tool at the time of the accident. In either case, no one is going to agree with giving you culpability for the accident when she was intoxicated.

Then tell them the attorney you spoke with suggested you also undergo a full medical evaluation by a doctor and a chiropractor.

Or you could call your insurance company's claim rep and explain that they are going to try and make them pay for 20% of $11,000+. I guarantee your company will fight that.

 

Hey bro don't even bother talking to the other driver as she has no authority.

The insurance company is the only one who is able to try to fight the fact that you were speeding, however from experience if the witness from her side was in the car then it does not count specially since she was intoxicated in this case and most likely so did the other passengers of the other vehicle.

If her insurance company wants to fight the fact that you were speeding then they would have to take it up against your insurance company and in this case the police report will have to be in effect in order for them to prove you were speeding.
And as others have suggested, a cop with a laser gun in court will have to prove their licensing working with such tools and normally they need another police officer as a witness, so in their case the only way to prove you were speeding would be by having the police measure the skid marks and from that they can say the speed at which you were traveling.

If I were you i would fight this to the max and even file for some damages since it was a front collision after all and you could have gotten a whip lash and so on so make sure you don't consent to anything unless it is in your favor or at least a fair matter.

Good luck and glad you pulled OK in both cases.

 

tell your insurance company what the other company is doing, and call a friend that's a lawyer. i asked my friend (an attorney) and he said any lawyer should be able to pull this one out for you if your insurance company can't do it on its own

 

btw, i just read ginu's last line, show up in court with a neck brace...jk...but good luck man, i guarantee it will all work out

 

Your car has an Event Data Recorder that may have recorded your speed at the time of impact. A dealership can access the data stored on it.

 

get a lawyer and that will be the end of this problem, plain and simple

 

Got an update bro?

BTW, I vaguely remember in drivers ed they said airbags only deploy at scuh and such speeds. you should check into that, they might try and use it against u.

 

bump for an update?!

 

Hey man sorry about your car but at least your ok. There's no way they can say its your fault when she was intoxicated and plus if she saw that you were speeding (even though you weren't), why would she turn in front of you then? This just proves that she her judgement was impaired due to alcohol.