wow...big loss

[OrangevaleFJR]

Just bought a cheapo car for my daughter. It needed a new tranny, but all else was looking good. I popped for the brand new tranny and 100 miles later some dude in a club wagon decided to total the car for her by running into her.

The bad news? The guy that hit her was an off duty cop, and somehow, from a one lane road, the officer that responded decided that she turned left from an improper position. In a thin, one lane road. If she was in the wrong position, she would have been on the sidewalk. FRICK!

$3k down the drain.

My insurance would not pay the other guy's claim because they say he was at fault. His insurance won't pay us because my daughter got the ticket. We are fighting the ticket in court...please cross your fingers for us. Hmm...off duty officer somehow catches a break in an accident that he causes. I'm glad that my daughter's first interaction with the police is so positive. :angry:

 

[Mike-H]

Assuming that your daughters OK...the fight will be tough because the brotherhood of blue tend to stick together right or wrong....good luck wish you the best

 

[OrangevaleFJR]

Assuming that your daughters OK...the fight will be tough because the brotherhood of blue tend to stick together right or wrong....good luck wish you the best

So, how do cops and judges get along?

If my daughter wasn't okay, I wouldn't be complaining about the money. I'd be worried about more important things. Since she is okay, I can afford to be petty.

 

[slapnpop]

In my experience, the judge will always side with the officer unless you have video of the officer doing wrong, and it's clear enough to make out his badge number, he states it clearly in an audible voice, and you've done absolutely nothing wrong.

 

[donaldb]

suggest you inquire w/fjr pig, glad your little girl is ok

 

[OrangevaleFJR]

In my experience, the judge will always side with the officer unless you have video of the officer doing wrong, and it's clear enough to make out his badge number, he states it clearly in an audible voice, and you've done absolutely nothing wrong.

Makes sense. The cop that wrote the ticket didn't see the event. He responded. Therefore he had to take people's testimony as evidence. Of course, the guy that hit my daughter was an off duty badge (of the same force as the responding officer) to remain nameless unless someone asks me.

The funny thing is that in the accident report, I almost think the responding officer left a door slightly open for my daughter.

He took the off duty officers word and cited my daughter, however, me made sure to insert in the very front of the report that the off duty officer had testified that he saw my daughter on her cell phone. Of course, I have my daughter on a plan that tells me exactly who she calls and when. When I checked her records, they show that she was NOT on the phone and I passed this info to the officer writing up the report. He made it clear that although the guy said she was on the phone, she was not.

So...if he got that wrong, what else did he see incorrectly? Were the 9 kids in his van distracting him somehow? Hmmm...

That and the one witness that also sided with the other guy said, "at no time did the van cross into oncoming traffic."

So if that is true, and we should take this witness as a good one, then why do these skid marks not only cross into the oncoming lane, but cross all the way over it and into the dirt driveway?

Hmm?

You know, I'm certainly not one that usually believes my kids. Usually I doubt them and they usually prove me wrong. This time I believe her and I think the evidence is pretty obvious that we have the good 'ol boy act at work here. The question is, do I state that in court, or leave it unsaid and let the judge make his own decision. I think I'd do better being non accusatory.

 

[fjrchik]

The question is, do I state that in court, or leave it unsaid and let the judge make his own decision. I think I'd do better being non accusatory.

absolutely. let the evidence speak for itself.

and be prepared for an unfortunate rectal exam.

 

[OrangevaleFJR]

The question is, do I state that in court, or leave it unsaid and let the judge make his own decision. I think I'd do better being non accusatory.

absolutely. let the evidence speak for itself.

and be prepared for an unfortunate rectal exam.

Well, worst case in the court case is that the ticket sticks and we pay $196 and she gets a point taken from her. Our insurance company, no matter the finding, has given us confirmation that they will NOT raise her rates as they feel we are being railroaded and that it was not my daughter's fault. Wow! Pretty cool of them really.

The guy that hit her called me to give me a courtesy notification that he was taking me to small claims court since my insurance company denied his claim. I told him that there was a State insurance board that he could appeal to. He got pushy with me and I asked if people in general were stupid enough to fall for that kind of manipulation.

I figure he was most likely trying to get me to write a check wihout the hassle of court and that he may, or may not take it to court. If he takes it to court, it's small claims court so I figure I'll go make my case there. If he says "I'm a cop." I'll say I'm a USAF Veteran with a Top Secret Clearance ...so what. It'll be awesome if the ticket gets dismissed and I have that ammunition for small claims. To dream....

 

[MCRIDER007]

It sounds like your insurance adjuster should be going to court with you and if he can't convince the judge that you are correct then his company needs to open their checkbook.

 

[Scab]

It may not be cost effective, but hire a lawyer skilled in accident litigation. You are going to need an accident investigator with this one too. It really doesn't matter who this yahoo cop is if it goes to jury. A good attorney and credible expert witness will eat his lunch.

I have been the expert witness and done the investigation for some automobile accidents. Whenever there is an accident, the only safe assumption is that both parties will deny responsibility. In the cases I was involved with, the jury choose the evidence, not the testimony of the parties involved. We won. With these cases, attorney fee recovery was part of the settlement.

Kick his ***.

 

[madmike2]

Kick his ***.

+1!

Just because he's a cop doesn't make his testimony more valid than any other person's. Keep a diary of every conversation, including the one where he tried to manipulate you. It is evidence of his overall demeanor and thought processes involving "civilians".

I have 2 uncles who are officers, one deputy sheriff, one CHP. Both have written tickets to "brother officers" who they deem as violating the public trust and using their position as "brothers" to their own benefit.

Good luck! Its officers like this one and his "brother" who wrote the ticket that give the rest of us "normal" citizens a bad taste in our collective mouths about "officers of the court" and their special treatment.

 

[Toecutter]

It may not be cost effective, but hire a lawyer skilled in accident litigation.  You are going to need an accident investigator with this one too.  It really doesn't matter who this yahoo cop is if it goes to jury.  A good attorney and credible expert witness will eat his lunch.
Kick his ***.

And thank your lucky stars it was her in the cage and not you on your bike. Keep us posted!

 

[OrangevaleFJR]

I called my insurance company and they are sending their accident analyst as a witness. They rock

 

[Scab]

What insurance company? Just curious to watch and see how they watch your back. We know insurance companies have the expertise and resources but some will not rise to the occasion. Be kinda nice to see a little ***-whoopin' based on good ole principle and not bottom line.

 

[OrangevaleFJR]

geico

 

[Geezer]

If this goes to small claims court you want to consider filing a counter claim. Since you sufferred a loss and it was his fault you should be looking to get paid for your loss.

Also, you should name his insurance company as co-defendant.

 

[motorgod]

What really surprises me is that everyone is doing all this cop bashing w/o having any knowledge of what happened. Who can tell me if this was a broadside, head-on, or rear-end. Who can tell me how the accident occurred from the damage on the vehicles? Who can tell me that the officer who responded is covering for his co-worker? Who has enough information to answer these questions with a moral certainty?

Hate to tell y'all this, but based on the information presented, NONE OF YOU CAN.

I'm certaintly not going to pass judgement on who is at fault. I do not have enough information. I'm just glad no one was seriously hurt.

Oh, and Mike-H, I do not think you have enough information to make a blanket statement like that. I am deeply offended. I know you do not care because you believe all cops are bad. Please do not bother the police with any call for assistance, since they cannot be trusted in your eyes.

 

[Scab]

Not cop-bashing, dude. Just taking sides with fellow forum member. Really, don't mean to bash anyone. Just stating that it doesn't really matter who said what. Bring on the science. I am not automatically going to assume the other guy is right just because he is a cop. I have a great respect for our law enforcement folks. They are overworked, underpaid, and underappreciated. However, with that being said, I have no greater contempt than for anyone that would abuse position/authority as a law enforcement officer. Wear the badge, live the life. IMO, Orangevale would have no reason to misrepresent this story. If he believed that his daughter had been at fault, I think he probably would have done what the rest of us parents would have done: Preached a major sermon to said child, doled out appropriate punishment and we would never have heard a word about it.

So again, bring on the science. The science don't lie. The only deal here: If the other guy is at fault and a cop, then DOUBLE SHAME on him.

But don't mind me, I'm just opinionated.

It's kind of like the stereotypical jokes about the inbred in Alabama. If there wasn't some truth to it, people wouldn't have the impression. Agreed, one bad officer here shouldn't make it tough on all of them, but the reality is that it does. All the more reason to vigorously protect the integrity of the position.

My hat's off to all the good officers. As for the poor ones...well, I think you know what I think.

Let's bring on the science.

 

[OrangevaleFJR]

What really surprises me is that everyone is doing all this cop bashing w/o having any knowledge of what happened.  Who can tell me if this was a broadside, head-on, or rear-end.  Who can tell me how the accident occurred from the damage on the vehicles?  Who can tell me that the officer who responded is covering for his co-worker?  Who has enough information to answer these questions with a moral certainty?Hate to tell y'all this, but based on the information presented, NONE OF YOU CAN.

I'm certaintly not going to pass judgement on who is at fault.  I do not have enough information.  I'm just glad no one was seriously hurt. 

Oh, and Mike-H, I do not think you have enough information to make a blanket statement like that.  I am deeply offended.  I know you do not care because you believe all cops are bad.  Please do not bother the police with any call for assistance, since they cannot be trusted in your eyes.

I didn't see a whole lot of cop bashing. Even if this is a good ol boy network problem, we didn't bash all cops. I saw me asking for input and getting it. People are trying to help me. I don't know how this is cop bashing.

The reason I am so upset about this as my daughter's first experience with cops is that ALL of my experiences have been positive except one. I deeply respect the work cops do, the danger they face, the attitudes they deal with, the sacrafice that they and their families make. For the most part, in fact an overwhelming majority of my experiences with cops have either been positive, or neutral.

That people in this forum are trying to help me out and they hope I win just because they know me and not the unnamed cop is no surprise. This isn't cop bashing. I appreciate the support.

For your info, daughter turned left, van thought she was going to turn right so he hit the gas to pass on the left of her...she turned and he hit her from behind on the side of the car.

Daughter and a witness saw left indicator on. One lane, so it's hard to be in the wrong place to make the turn. Frankly, anyone that has seen this has seemed to think this is a no brainer...even a friend is a who is a cop. I asked his input because I wanted to check to see if I was missing something.

Then again...he's biased because he likes me too. All that said, I don't have a problem with the cop that hit Kyla. I can understand that he is resistant to accept blame. Most people are. Maybe I am resistant to accept fault on my daughters' behalf. That isn't really my style though. I usually assume kids screw up. However, I have really thought about this as objectively as possible and I cannot see how they could call this my daughter's fault other than she wouldn't ahve been hit if she decided not to drive that day.

It is conceivable that a good ol boy thing is going on here. I mean, the evidence sure points to the off duty cop as the culprit and the only people I've talked to that agree with the decision to ticket my daughter was the citing cop and the guy that hit her. I have seen the good ol boy network work in environments where you wouldn't expect it. I certainly am not going to pretend it cannot happen just because they are cops. Otherwise there wouldn't be internal affairs divisions right?