Car Accident Question

   / Car Accident Question #41  
Law enforcement is often loathe to issue a citation unless the offense is personally witnessed by an officer.
If that is your opinion based on your personal experience or observations I will tell you it is very different from mine. My experience based on being an accident investigator for many years. It’s a case by case basis and an officer has a great deal of discretion in if they feel they can support a traffic ticket in court.
But on the civil side most attorneys only rely on the officers report for basic information anyway.
 
   / Car Accident Question #42  
If that is your opinion based on your personal experience or observations I will tell you it is very different from mine. My experience based on being an accident investigator for many years. It’s a case by case basis and an officer has a great deal of discretion in if they feel they can support a traffic ticket in court.
But on the civil side most attorneys only rely on the officers report for basic information anyway.
No opinion, fact, based on an experience my brother had last year. He was T-boned by a driver running a red. His dash cam caught the incident which clearly showed he had a green light but the police who investigated refused to write up the offending driver based on the video. His insurance company (no fault in this state) did use the video to set fault and got the offending driver's insurance company to pay up.

As I said, I'm sure this varies from state to state and incident to incident. As you say, it's also at the discretion of the investigating officer.

I'm not knocking dash cams. I use one myself but I understand that the video isn't bulletproof.
 
   / Car Accident Question #44  
Law enforcement is often loathe to issue a citation unless the offense is personally witnessed by an officer.

If that is your opinion based on your personal experience or observations I will tell you it is very different from mine. My experience based on being an accident investigator for many years. It’s a case by case basis and an officer has a great deal of discretion in if they feel they can support a traffic ticket in court.
Thread bumped by a probable spammer ....

In several years working in Dispatch, the Troopers and Deputies all told me they would not write a citation if they did not personally witness the incident.

They told me if I witnessed something and reported it in time for them to make a stop, they would counsel and advise the offender but would not cite them.

They didn't exactly state they could not under law, just that they would not.
 
   / Car Accident Question
  • Thread Starter
#45  
Thread bumped by a probable spammer ....

In several years working in Dispatch, the Troopers and Deputies all told me they would not write a citation if they did not personally witness the incident.

They told me if I witnessed something and reported it in time for them to make a stop, they would counsel and advise the offender but would not cite them.

They didn't exactly state they could not under law, just that they would not.
I believe the woman that tboned my wife was ticketed for failure to yield to avoid an accident. If no one is ticked, whose insurance covers?
 
   / Car Accident Question #46  
Thread bumped by a probable spammer ....

In several years working in Dispatch, the Troopers and Deputies all told me they would not write a citation if they did not personally witness the incident.

They told me if I witnessed something and reported it in time for them to make a stop, they would counsel and advise the offender but would not cite them.

They didn't exactly state they could not under law, just that they would not.

Diggin It - haven't seen you around in a bit - trust all is OK there.
 
   / Car Accident Question #47  
The issue here is finding a rental ad it is just that tight.

Pregnant MD Sister in Law T-Boned by college student texting driving mom's car with insurance from out of state...

Brother was spending was to much time on this from value of her car, rental, lost wages, hospital... etc.

To make it worse the at fault driver's insurance company did not want to speak with my brother even though he was listed on title.

So my brother, who is not a lawyer or a law background filed their own lawsuit and then had the insurance company calling him but with low offer and even sending a check which was not cashed but returned

Insurance wanted to settle for pennies on the dollar and brother dug in...

Said he had weeks of unused vacation and looking forward to court with jury trail.

It was settled for full amount in the hallway the morning trail to start...

My take is everything comes down to how far a person or agent or company is willing to go...
Sounds similar to my experience with our government monopoly here. Twice, I've settled on the phone the day before court but showed up to court anyway incase they were trying to pull a fast one.
 

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