Need help. Car accident. What would you do? *Update 8/5 #17*

[x__amour]

This morning after I dropped off Tori with FOB, I was heading back to my apartment to get ready to go out to my old apartment to finish clearing it out. It was snowing out but the main roads were fine, parking lots were a bit more iffy.

I was turning the corner, going right when my car hit a large patch of ice and my ABS (anti-lock braking system) tried to engage but my tires locked up. I tried pulling the e-brake to try and stop but I slid into a car. This car was hit by another car just minutes before that did the EXACT same thing. Hit the SAME patch of ice and slid into him. He hit further up and collapsed the driver's driver side wheel and pushed in his bumper. Half of his bumper was missing.

I slid into the back of the car, past the back doors. There were only scratches on both our cars as I was going VERY slowly BECAUSE of the road conditions while it was apparent the other driver was going much faster. The police were called even though it was on private property and after 45 minutes of waiting, he took all of our information, what happened, etc. More waiting and then came back and issued the other driver and myself with citations for CARELESS DRIVING. He said that it was the LAW to issue citations because it was an accident. My insurance said that's not true! That he was supposed to take the weather into consideration.

I'm shocked. I wasn't driving carelessly at ALL. I know it was slick and I was driving very safely, not going fast at all. I couldn't stop the car from sliding, the wheels were locked.

I have court on May 31st. I want to fight it. I don't think it was my fault as another car did the same thing and I don't want the fines or the points against my license. I have a COMPLETELY clean driving record. I have NEVER been pulled over or in an accident. I don't want this tainting my record! What would you do?

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[Squidge]

Surely if it was careless driving you'd have done more damage? You've barely touched it! I'd fight it if I was you. Hope you're ok

 

[kerrie24]

I would certainly be fighting it too,will it cost you to fight it,for a lawyer or something,I dont know anything about that sort of thing?

It wasnt careless of you AT ALL!
Hope you're ok,bet you were shaken up.

 

[x__amour]

I would certainly be fighting it too,will it cost you to fight it,for a lawyer or something,I dont know anything about that sort of thing?

It wasnt careless of you AT ALL!
Hope you're ok,bet you were shaken up.

What will happen is they will try and give me a "lesser" plea to avoid court. The original sentence of careless driving is 4 points and then a fine. They will offer me like 2 points and to take a driving class or something ridiculous. If I don't take it, then I go to court. If I win, I can walk away with nothing. If I lose, they'll charge me with the full 4 points. It's scary.

I do have a few lawyer clients I might ask my boss if they can help. This wasn't my fault. The fact that the same thing happened right before me is proof.

 

[MirandaH]

I would fight it as well. My ex was driving on a long dirt road one night that had gotten icy and he ended up flipping his car into a ditch in front of a police officer. They gave him a ticket as well and he was so pissed he refused to go to court or pay the fine, which was only $20, on principle. We were moving down here to Virginia (It was in Pennsylvania) and it would have cost a ton to come back, with missing work and everything. They just suspended his license for not paying the ticket. He still has the ticket and had to pay $20 to PA to get his license back in Virginia, plus $60 to VA for reinstating his license.

I kid you not, the ticket that he was given, that he had to pay $20 for was for "Driving at a reasonable speed." They told him the same thing. When there is an accident, someone has to get a ticket.

 

[mommytobe11]

i would fight it. they might take your clean driving record into consideration, plus the weather. it's a good thing you took pictures!!

 

[MrsPoodle]

I work in motor claims in the UK and if you were my client, I would be using no negligence - as you say, the very fact that another car did this before you has shown there was nothing you can do and this was an inevitable accident. Not sure how it works where you are but it seems wrong to me that the police would be involved and take you to court?

 

[cranberries]

Here in the UK the police won't even usually come out when it is in a parking lot.

Talk to your insurance company about fighting it- I think they are best to advise.

I am going through something similar myself but I am in the UK so not sure if the procedure is the same.

Did you offer the other driver to deal with it between yourselves- even though it was a complete accident you still caused damage to the vehicle and you should, of course, pay for it. Did you offer them cash to get it repaired?

 

[cranberries]

Who called the cops anyway? The other driver? Sounds like he is very petty if i'm honest and after some $. If he was in the car, expect a "whiplash" claim to pop up as well.

 

[x__amour]

Who called the cops anyway? The other driver? Sounds like he is very petty if i'm honest and after some $. If he was in the car, expect a "whiplash" claim to pop up as well.

The driver that was hit. To be fair, he needed to as the 1st driver that hit him damaged his car very badly, it had to be towed. But as for mine, I have no doubt in my mind that we could've settled it through insurance yet he called the police again to report mine.

 

[cranberries]

Maybe he thought he should report both incase he got into trouble with his insurance. Rock and a hard place situation maybe.

Yet- im sorry this has happened.

 

[MrsPoodle]

Didn't know the first one hit the same car! Definitely no negligence then!! I would be fighting this all the way. Have you contacted your insurance? Not sure how it works over there though x

 

[Ceejay123]

Wow. I had an accident a few weeks back (UK) and we weren't given citations. Maybe its different here? x

 

[MrsPoodle]

I think it is... The police tend not to get involved over here unless there are injuries.

 

[Abz1982]

So the guy who was HIT also got a citation? Thats a bit crazy. I would deffo go to court over it. Like you said, another driver had caused more severe damage literally just before hand, you were going slowly and it was icy - and you have pics.
If you really were going that slow, then other than NOT driving what else could you have done?
Also, from that pic it looks like the driver of the silver car was parked in a spot that was kinda in the way, is that right? So had he parked in a proper space then he would not have been hit a first or second time?

 

[x__amour]

No, the driver than hit him first was cited.

What happened with the first accident was they were both driving when the first driver slid on the ice and hit him, pushing him to the curb. He couldn't move as his tire was caved in.

 

[x__amour]

*Update 8/9*

So, I went to court on May 31st and like I thought, they offered me a lesser plea. 2 points for a defective vehicle. I refused. I said it wasn't my fault and I wasn't going to plead guilty to something I didn't do. Court was set for tomorrow, August 6th.

I looked around for traffic lawyers and found a reasonable one for $800/£521 flat rate. Today, the day before the hearing, I received a call from the district attorney:

THEY'RE DROPPING THE CASE!

She says that they examined all the police reports, photos, and they decided the accidents were due to sliding on the ice and dropped all charges! I contacted my lawyer and he's refunding everything!

What an amazing day!

 

[Tasha]

So pleased for you lovely x

 

[mara16jade]

That's amazing!!! So happy for you!

 

[maryp0ppins]

great news!