AudiOn19s Posted October 27, 2015 Report Share Posted October 27, 2015 Hoping someone can shed some insight on this process a little bit. The individual that hit Yasmin last week and that was cited for the accident has decided to fight being charged as at fault in the accident. As such the claims process has come to a fault until a final decision has been made. That's not really the concern. He appeared in court last week and plead not guilty. Today it looks like a trial date was set for the next hearing. Is there a likelihood that Yasmin will be called into court as a witness to give her statement, or will the court just use the police report for the accident to review the case? I ask because we have a trip planned to be in Mexico during the court date and need to know ASAP if I need to change my vacation plans. Thoughts? Anyone been through a similar situation? Thanks, Andy Quote Link to comment Share on other sites More sharing options...
caseyctsv Posted October 27, 2015 Report Share Posted October 27, 2015 My daughter just had this happen. She will be called as a witness. Quote Link to comment Share on other sites More sharing options...
caseyctsv Posted October 27, 2015 Report Share Posted October 27, 2015 I am sure there is a way to get the court date moved - we did not try it though. Quote Link to comment Share on other sites More sharing options...
acklac7 Posted October 27, 2015 Report Share Posted October 27, 2015 The Prosecutor will issue her a subpoena. If she doesn't show up he will automatically drop the case for lack of evidence. Been there. Done that. Edit: if you're really not concerned about the outcome of the court case you don't necessarily have to show up. Quote Link to comment Share on other sites More sharing options...
Turbs3000 Posted October 27, 2015 Report Share Posted October 27, 2015 The Prosecutor will issue her a subpoena. If she doesn't show up he will automatically drop the case for lack of evidence. Been there. Done that. Edit: if you're really not concerned about the outcome of the court case you don't necessarily have to show up. I think he still wants to make sure the guy is seen as at fault, he is just not sweating that the payout has been delayed til the court makes a ruling vs immediately. Quote Link to comment Share on other sites More sharing options...
AudiOn19s Posted October 27, 2015 Author Report Share Posted October 27, 2015 I think he still wants to make sure the guy is seen as at fault, he is just not sweating that the payout has been delayed til the court makes a ruling vs immediately. correct. I very much care that this individual is still found to be at fault. Hopefully we get the subpoena soon and can ask them to move the date based on our already planned vacation. If not sounds like I need to change my plans Way to ruin not only my car but my anniversary trip too. Quote Link to comment Share on other sites More sharing options...
RyM3rC Posted October 27, 2015 Report Share Posted October 27, 2015 Way to ruin not only my car but my anniversary trip too. Fuck that, can't you get a continuance or something? Quote Link to comment Share on other sites More sharing options...
caseyctsv Posted October 27, 2015 Report Share Posted October 27, 2015 Well, hopefully the person that hit her speaks English. The one that ran into my daughter spoke very little English - it was a very entertaining case. They begged her to take the plea deal as, based on the info, she had no chance. Her basic argument was that my daughter said she was sorry so that meant she was at fault. Quote Link to comment Share on other sites More sharing options...
acklac7 Posted October 27, 2015 Report Share Posted October 27, 2015 (edited) Fuck that, can't you get a continuance or something? I doubt a 3rd party can easily leverage a continuance, but I'm no laywer. Geeto will probably chime in here soon enough. Edited October 27, 2015 by acklac7 Quote Link to comment Share on other sites More sharing options...
mrs.cos Posted October 27, 2015 Report Share Posted October 27, 2015 correct. I very much care that this individual is still found to be at fault. Hopefully we get the subpoena soon and can ask them to move the date based on our already planned vacation. If not sounds like I need to change my plans Way to ruin not only my car but my anniversary trip too. I received a subpeoena for a Drunk Driver i got arrested, I was able to give a testimony over the phone, due to a vacation out of the country we had planned. I had to talk to the sheriff i think to get this dealt with. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted October 27, 2015 Report Share Posted October 27, 2015 Your lawyer will handle this. I wouldn't worry, just explain it to them. If you're going through your insurance co. explain it to them. I'm assuming you have Nationwide Quote Link to comment Share on other sites More sharing options...
LJ Posted October 27, 2015 Report Share Posted October 27, 2015 The kid who hit my wife and I a few weekends ago never spoke to us, but he dad showed up and claimed we ran the red light and that the damage obviously didnt match up to our story, the cop just looked at him like he was crazy. I went through my insurance and did subrogation, because I would rather have everything covered, and if it comes down to it, they can fight it out. Quote Link to comment Share on other sites More sharing options...
Miller Posted October 27, 2015 Report Share Posted October 27, 2015 Your lawyer should be able to sort it out and you can still go on vacation. I hope the toad gets squashed for making you concern yourself this much further. Quote Link to comment Share on other sites More sharing options...
Trouble Maker Posted October 27, 2015 Report Share Posted October 27, 2015 Fuck that... Fuck that guy is what I say. Track all of this and sue his ass into the ground for time and suffering. Quote Link to comment Share on other sites More sharing options...
AudiOn19s Posted October 27, 2015 Author Report Share Posted October 27, 2015 Your lawyer will handle this. I wouldn't worry, just explain it to them. If you're going through your insurance co. explain it to them. I'm assuming you have Nationwide So this brings up a good question. I have a lawyer friend that I consulted immediately after the accident but without personal injury I didn't feel the need to consult him any further. The fact that he's out of town makes things a little more difficult. Is it popular opinion that I need to actively seek council? P. S. No nationwide. Great place to work. Not the right fit for me as an insurer. Quote Link to comment Share on other sites More sharing options...
iwashmycar Posted October 27, 2015 Report Share Posted October 27, 2015 If you are having to go to court...it sounds like a good idea. Worst case they can represent while you margarita on the beach! Quote Link to comment Share on other sites More sharing options...
acklac7 Posted October 27, 2015 Report Share Posted October 27, 2015 So this brings up a good question. I have a lawyer friend that I consulted immediately after the accident but without personal injury I didn't feel the need to consult him any further. The fact that he's out of town makes things a little more difficult. Is it popular opinion that I need to actively seek council? P. S. No nationwide. Great place to work. Not the right fit for me as an insurer. A lawyer is going to make it much easier to go on vacation. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted October 27, 2015 Report Share Posted October 27, 2015 So this brings up a good question. I have a lawyer friend that I consulted immediately after the accident but without personal injury I didn't feel the need to consult him any further. The fact that he's out of town makes things a little more difficult. Is it popular opinion that I need to actively seek council? P. S. No nationwide. Great place to work. Not the right fit for me as an insurer. I would definitely consult with a PI Lawyer. Especially if your wife was injured even in the slightest. I mean seriously, someone is going to settle for something just because......it's the American way. Quote Link to comment Share on other sites More sharing options...
acklac7 Posted October 27, 2015 Report Share Posted October 27, 2015 I would definitely consult with a PI Lawyer. Especially if your wife was injured even in the slightest. I mean seriously, someone is going to settle for something just because......it's the American way. Says the guy who's Wife's a Laywer Quote Link to comment Share on other sites More sharing options...
SpaceGhost Posted October 28, 2015 Report Share Posted October 28, 2015 I wasn't injured on my 02 WRX wreck, the at fault party's insurer visited me at work and cut me a check on the spot for a signature. Tim has some great advise. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted October 28, 2015 Report Share Posted October 28, 2015 Says the guy who's Wife's a Laywer I'd be lying if I didn't say if I'm ever in a wreck like that, I'm upgrading from an S4 to an S8 on their dime not mine. Quote Link to comment Share on other sites More sharing options...
Bigbird Posted October 28, 2015 Report Share Posted October 28, 2015 The kid who hit my wife and I a few weekends ago never spoke to us, but he dad showed up and claimed we ran the red light and that the damage obviously didnt match up to our story, the cop just looked at him like he was crazy. I went through my insurance and did subrogation, because I would rather have everything covered, and if it comes down to it, they can fight it out. Was the little shit driving a Jeep Grand Cherokee? Same shit happened to me back in 2010 with my bike. We were stopped at a stop sign and this dumbass had pulled up too close to the person in front of him so he put it in reverse to back up a bit. That person pulled away from the stop sign, so Jeep kid thought "Oh I'll just go now, too." and didn't put the damn thing back in drive. Plowed right into and then over my bike. He got out saying he was sorry and all that. I was a little banged up and rattled so I just sat down on the sidewalk and tried to calm down. Called the wife (then GF) and her dad as they lived right around the block. They came and he told them everything I said above. Then his dad shows up and when he talks to the cop the story changes to me having run into him. I just pointed at the gashes in the concrete that clearly showed my bike had been dragged backwards and said "Explain to me how that happens if I had ran into him." That little fucks dad was a huge asshole. They tried to fight it in court too. Way to teach your kid how to be a good person. Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted October 28, 2015 Report Share Posted October 28, 2015 (edited) If you haven't been issued a subpoena, you are not expected to appear....yet. If you don't mind me asking, what was he charged with? Sounds like this was more than a routine ticket. I am usually the first person to say get a lawyer in almost any situation, but for just giving testimony I don't think you need one. I would try and call the prosecutors office and find out who the assigned prosecutor is and if you are going to be asked to be called as a witness. If they say yes then let them know you will be out if the country then and that they may need to seek a continuance. If you are called you would be a witness for the prosecution so it's their responsibility to ask for the continuance, if you hired a lawyer all he would do is the exact same thing because you don't really have standing to ask for the continuance since you are not a party to the case. If this was just a routine traffic charge they rarely call witnesses for them, if it was something more serious like a criminal misdemeanor then there is a greater chance they will call you as a witness. The charge and whether he beats it or not does not mean the driver is at fault. The way an insurance company looks at it is how successful will they be in a civil case, where the burden of proof is lower and the purpose is to find actual fault. A conviction on a traffic charge makes the outcome of a civil suit more likely to be in your favor but if he is not convicted it does not mean he still didn't cause the accident - it just means there isn't enough proof that he broke any laws doing it. If you will forgive my insensitivity, is your wife permantly affected physically by this accident? Did she break any bones? Let me tell you how a good (i.e. Non ambulance chasing atty) personal injury attorney might look at this case: a "good" (as in an easier case) injury is on where there is a lot of clear physical damage that indicate a potential loss or possible disability in the future. Broken bones, torn ligaments, etc...these are good injuries. A soft tissue injury is much harder to collect on because it is harder to prove long term disability. It doesn't mean a lawyer won't take the case, it just means the payout is likely to be smaller and less likely to be worth it considering what you may have to pay an attorney. Insurance companies are great at figuring out and paying out damage to the car, they are lousy about figuring out and paying out damage to a human, so you should be consulting with a reputable personal injury attorney about your potential case. A note of caution about attorneys: most non-atty people think that lawyers can handle any situation in the law regardless of their specialty. This is not true. Unfortunately there are some attorneys who think this as well since there isn't a restriction on what you can do once you pass the bar as long as you do it competently. I have seen a lot of really bad situations over the years because someone had a family member or a friend who is an attorney and they wanted to help and got creamed because they didn't know the nuances of the practice. If you have a German car you don't take it to an Italian motorcycle mechanic to get repaired, same thing here - you don't have your buddy who is an attorney represent you in a personal injury case if he is a real estate lawyer or something like that. Find a highly recommended personal injury atty, preferably one who doesn't advertise on TV with a nickname like "hammer", and take his or her advice. Edited October 28, 2015 by Geeto67 Quote Link to comment Share on other sites More sharing options...
LJ Posted October 28, 2015 Report Share Posted October 28, 2015 Was the little shit driving a Jeep Grand Cherokee? Same shit happened to me back in 2010 with my bike. We were stopped at a stop sign and this dumbass had pulled up too close to the person in front of him so he put it in reverse to back up a bit. That person pulled away from the stop sign, so Jeep kid thought "Oh I'll just go now, too." and didn't put the damn thing back in drive. Plowed right into and then over my bike. He got out saying he was sorry and all that. I was a little banged up and rattled so I just sat down on the sidewalk and tried to calm down. Called the wife (then GF) and her dad as they lived right around the block. They came and he told them everything I said above. Then his dad shows up and when he talks to the cop the story changes to me having run into him. I just pointed at the gashes in the concrete that clearly showed my bike had been dragged backwards and said "Explain to me how that happens if I had ran into him." That little fucks dad was a huge asshole. They tried to fight it in court too. Way to teach your kid how to be a good person. Haha a Liberty. Luckily his ticket is one that really doesn't have a defense in Ohio without hard proof. He was cited for Failure to Yield on a Left. We were going through the intersection and he started to turn left in front of us, I laid on the horn and swerved and he glanced off the driver's side of the car. Had my 2 year old and pregnant wife in the car. My wife overheard the dad yelling at the kid for "talking to the cops", then started talking about how a lady had stopped and told them that I was travelling at a high rate of speed, laying on my horn before the intersection, yet she wasnt still there. Then he began to argue that my damage didnt match up with my story, so I MUST have ran the red going the opposite way. Cop just looked at him like "uh wat". The cop then wrote the report and drew the diagram that matched my story exactly. Quote Link to comment Share on other sites More sharing options...
AudiOn19s Posted October 28, 2015 Author Report Share Posted October 28, 2015 If you haven't been issued a subpoena, you are not expected to appear....yet. If you don't mind me asking, what was he charged with? Sounds like this was more than a routine ticket. I am usually the first person to say get a lawyer in almost any situation, but for just giving testimony I don't think you need one. I would try and call the prosecutors office and find out who the assigned prosecutor is and if you are going to be asked to be called as a witness. If they say yes then let them know you will be out if the country then and that they may need to seek a continuance. If you are called you would be a witness for the prosecution so it's their responsibility to ask for the continuance, if you hired a lawyer all he would do is the exact same thing because you don't really have standing to ask for the continuance since you are not a party to the case. If this was just a routine traffic charge they rarely call witnesses for them, if it was something more serious like a criminal misdemeanor then there is a greater chance they will call you as a witness. The charge and whether he beats it or not does not mean the driver is at fault. The way an insurance company looks at it is how successful will they be in a civil case, where the burden of proof is lower and the purpose is to find actual fault. A conviction on a traffic charge makes the outcome of a civil suit more likely to be in your favor but if he is not convicted it does not mean he still didn't cause the accident - it just means there isn't enough proof that he broke any laws doing it. If you will forgive my insensitivity, is your wife permantly affected physically by this accident? Did she break any bones? Let me tell you how a good (i.e. Non ambulance chasing atty) personal injury attorney might look at this case: a "good" (as in an easier case) injury is on where there is a lot of clear physical damage that indicate a potential loss or possible disability in the future. Broken bones, torn ligaments, etc...these are good injuries. A soft tissue injury is much harder to collect on because it is harder to prove long term disability. It doesn't mean a lawyer won't take the case, it just means the payout is likely to be smaller and less likely to be worth it considering what you may have to pay an attorney. Insurance companies are great at figuring out and paying out damage to the car, they are lousy about figuring out and paying out damage to a human, so you should be consulting with a reputable personal injury attorney about your potential case. A note of caution about attorneys: most non-atty people think that lawyers can handle any situation in the law regardless of their specialty. This is not true. Unfortunately there are some attorneys who think this as well since there isn't a restriction on what you can do once you pass the bar as long as you do it competently. I have seen a lot of really bad situations over the years because someone had a family member or a friend who is an attorney and they wanted to help and got creamed because they didn't know the nuances of the practice. If you have a German car you don't take it to an Italian motorcycle mechanic to get repaired, same thing here - you don't have your buddy who is an attorney represent you in a personal injury case if he is a real estate lawyer or something like that. Find a highly recommended personal injury atty, preferably one who doesn't advertise on TV with a nickname like "hammer", and take his or her advice. Per the court documents the subpoena's were issued late morning yesterday. I'm assuming (maybe wrongfully so) that there's going to be one waiting in the mail when we get home today. He was charged with failure to control and possibly unsafe lane change. I'd have to look back at the police report to confirm the second charge. To be clear we have no intention of pursuing a Person Injury claim. Dragging this out, fighting fault, causing us stress and possibly requiring us to move our anniversary trip at the cost of $XXXX to us is what's really beginning to piss us off about the whole situation. Quote Link to comment Share on other sites More sharing options...
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