ShawnR Posted September 26, 2011 Report Share Posted September 26, 2011 Last friday while heading out for lunch I rear ended another car in the old buick. Stitting at a stop light in the rain, car in front of me takes off, I take off, he slams on the brakes, I slam on the brakes and slide into him. 2-3mph max speed at contact. He had contact with the car in front of him also. I can't prove who hit who first.Absolutely NO damage to any of the vehicles but the front guy wants to make a police report "just because we should". (Michigan dickhead)OSHP officer shows up and makes the report. I get a $130 ticket for ACDA (Assured clear distance ahead). Trooper said that if he makes a report, then somebody has to get a citation.Is there any advantage at all to going to traffic court on this or do I just pay it? I don't really have anything to argue on my behalf, but I've never gone before so it is new territory. Court would be here in Delaware in the morning, so it isn't really a big deal to go.Thoughts? Quote Link to comment Share on other sites More sharing options...
Beegreenstrings Posted September 26, 2011 Report Share Posted September 26, 2011 How old/young are you?I see 40ish on your profile. Call in just to be sure, but I think you can just pay it. You go in and there will be court cost as well. Call first just to be sure.Under age, different story. Quote Link to comment Share on other sites More sharing options...
ShawnR Posted September 26, 2011 Author Report Share Posted September 26, 2011 43 as of Saturday. No other tickets for 20+ years. Quote Link to comment Share on other sites More sharing options...
jporter12 Posted September 26, 2011 Report Share Posted September 26, 2011 I call on them having to cite someone, unless it's different for OSP, or your locality. My wife had a truck rear-end her car a couple years ago, nobody got cited. We had a ton of difficulty dealing with his insurance company (he was driving a company truck) ended up having her insurance company deal with it, then OUR insurance rates went up, even though it was a no-fault incident! Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted September 26, 2011 Report Share Posted September 26, 2011 Research the ORC statute you were charged with - if you can prove you're not guilty of everything in the statute, then fight it. I also raise the BS flag on them HAVING to cite anyone.If not, then take your lumps. If I was the guy who got hit, I'd probably want a police report too because I'm not gonna be the idiot that finds out later that there was more damage to my vehicle than a quick 2min inspection on the roadside showed, not to mention the guys names/insurances of the people who hit me were fake. Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted September 26, 2011 Report Share Posted September 26, 2011 Michigan is a no-fault state... so rulez are different there too. Ask me how I know. Quote Link to comment Share on other sites More sharing options...
Sniper_308 Posted September 27, 2011 Report Share Posted September 27, 2011 Last friday while heading out for lunch I rear ended another car in the old buick. Stitting at a stop light in the rain, car in front of me takes off, I take off, he slams on the brakes, I slam on the brakes and slide into him. 2-3mph max speed at contact. He had contact with the car in front of him also. I can't prove who hit who first.Absolutely NO damage to any of the vehicles but the front guy wants to make a police report "just because we should". (Michigan dickhead)OSHP officer shows up and makes the report. I get a $130 ticket for ACDA (Assured clear distance ahead). Trooper said that if he makes a report, then somebody has to get a citation.Is there any advantage at all to going to traffic court on this or do I just pay it? I don't really have anything to argue on my behalf, but I've never gone before so it is new territory. Court would be here in Delaware in the morning, so it isn't really a big deal to go.Thoughts?Yep, that's true. That's OSP policy, you always get a ticket. Their the only agency that won't cut a break. If it was any other PD, I'm sure you would've not been cited. Just pay the fine, you were at fault. Quote Link to comment Share on other sites More sharing options...
ShawnR Posted September 27, 2011 Author Report Share Posted September 27, 2011 Regardless' date=' you hit a car in front of you. You're guilty. No big deal.. pay the fine and move on with your business.[/quote']Had I known how it would turn out, I would have offered the the guy in front the $53 that was in my wallet to not file a report claiming that it would raise my insurance rates (which it probably will). I still think he's a dickhead.I'm just gonna pay it and dislike Michigan people even more that I already do. Quote Link to comment Share on other sites More sharing options...
RSparky Posted September 27, 2011 Report Share Posted September 27, 2011 If anybody it should be the dick head charged for impeding flow of traffic.. Quote Link to comment Share on other sites More sharing options...
Scruit Posted September 27, 2011 Report Share Posted September 27, 2011 (edited) Any time I've had close knowledge of an accident the officer has stated that they "have to issue a citation" if someone admits to a traffic infraction or if the evidence clearly supports it. If the drivers dispute what happened and not witnesses or evidence clears it up then nobody gets a ticket.Rarely, both drivers get a ticket - although the not-at-fault driver's ticket is more likely to be adminitrative such as no OL or no insurance. Once I raed a report where both drivers were cited for the accident - One made an illegal u-turn and the other made an illegal right-turn at the same time.- My wife made a left-turn in front of an oncoming car. Color of light (red/amber) was disputed but my wife got a Failure to Yield on Left Turn ticket anyway. Cop was truly very sympathetic (or a great actress) but quoted the "MUST ticket SOMEONE" line. Columbus PD.- I got hit by a guy making a lane-change in heavy traffic. Didn't call police to scene becuase it looked like just a scuff. Closer inspection when the car was dry showed much more paint damage ($2k). Police report made the next day, officer old me the other guy would get a ticket for unsafe lane change. I told the officer I wasn't demanding the guy got a ticket because he was a real nice guy, very apologetic and I had all I needed to win the insurance claim and it just seemed like piling-on - he said; "MUST ticket SOMEONE". Dublin PD.- I was rear-ended many years ago. Officer said he MUST ticket SOMEONE etc. In the end no ticket issued because the guy behind claimed I made a last-second lane change. Either version could have been true based upon the damage pattern and there were no witenesses or evidence to clear it up. I still won the insurance claim though. Worthington PD. Edited September 27, 2011 by Scruit Quote Link to comment Share on other sites More sharing options...
redkow97 Posted September 27, 2011 Report Share Posted September 27, 2011 paying it is the least painful option by design. $130 isn't that bad, considering that you were at fault...your insurance rates shouldn't go up that much on a small claim like that. Now if you were drunk... Insurance companies LOVE men in their 30's and 40's who get 1 DUI. Odds are they have a job and a family to lose, and won't repeat. But they can charge them more forever. Sweet gig. Quote Link to comment Share on other sites More sharing options...
Scruit Posted September 27, 2011 Report Share Posted September 27, 2011 paying it is the least painful option by design. $130 isn't that bad, considering that you were at fault...your insurance rates shouldn't go up that much on a small claim like that. Now if you were drunk... Insurance companies LOVE men in their 30's and 40's who get 1 DUI. Odds are they have a job and a family to lose, and won't repeat. But they can charge them more forever. Sweet gig.My insurance agent told me thed don't raise rates unless they have to pay out over $1k to the victim in an accident you caused. This was a few years ago so the number has probably changed with inflation since then. Quote Link to comment Share on other sites More sharing options...
ShawnR Posted September 28, 2011 Author Report Share Posted September 28, 2011 My insurance agent told me thed don't raise rates unless they have to pay out over $1k to the victim in an accident you caused. This was a few years ago so the number has probably changed with inflation since then.I don't expect there to be any payout from the ins. company at all, just a traffic offense on my record. I don't know if that will raise rates or not. It seems like they will look for any excuse to do that. Quote Link to comment Share on other sites More sharing options...
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