Accident Advice Really Needed

[Nikkoli110]

***** I posted this the other day with no reply, Please Someone give me their opinion, I would like to know whether I would have a case against other driver or not, and I dont want to pay for a lawyer if I dont have a chance...
I live in Warwick, RI and I was involved in an accident on Wensday. Now I have tons of problems and am so upset. Ok I was traveling down a main road, its a 4 lane road with a 35 mile per hour speed limit. It was a little busy at the time, 6 o'clock. The weather was perfect, just to let you get the idea. Ok I was headed down the road, when up ahead about 200 feet were cars stopped because someone was turning left. All of a sudden, I was side swipped, very hard, on my front driver side. There was no one in front of me, just on the side. I slammed on my breaks to stop, and put my car in park. I started crying and shaking, and was very upset, and in pain. The man who hit me pulled up like 200 feet, about 3 streets away, and pulled into a parking lot. As the man starts walking towards my car, I see he is wearing a uniform and a badge, not sure if he was security or what. A woman from a salon that the accident happened in front of came out to see if I was ok. She called the police and they arrived in like 2 minutes. There was just one officer who came, and the first thing he did was ask me to get out of my car, which the woman said I really shouldnt do. But I did anyways, then he told me I needed to move my car. I said I was in pain and couldn't, but he told me I had to. So I did even though it hurt, and then the woman said I needed medical attention. So the cop called the ambulance and they took me to the hospital. While at the hospital, the officer came to see me, and he came up to me as I was lying in the bed, and said, well let me hear your story. I told him what happened, how the guy had come out of nowhere and hit me on my left, and the officer said if I couldn't tell him exactly where he came from then he would not take my statement. Then he says, well I'll be right back, I'm going to write up your ticket, and I'll tell you what happened. So now he comes back, and tells me that I was behind the guy, and that I tried sneaking by on the right when the man was switching lanes. And you can tell by where the marks on the car are that he hit me. So now after I get out of the hospital, a woman calls, it was the woman from the salon. She tells me that while I was there, she said the cop was abusive, the way he yelled at me to get my car out of the road, that it was wrong of him to make me get out of my car when I was in pain, and that the first thing he should have asked me was if I needed medical attention. Then she tells me that he took my purse, searched it in his squad car, and went through my whole car. Then she told me that after I left, the cop went over to the man's car and helped him change his tire, and that the two were laughing and talking for about a half hour after I left. Now I am VERY VERY mad, I got a ticket, and now that makes it look like it was my fault! But THIS GUY HIT ME! So now my insurance guy has already come to take pictures and everything, and I did go to the station to write down my statement, but does anyone think I will have a case? I really would like to sue this guy for what I have been through these past few days, plus the damage to my car, and I have to miss a lot of work. Never mind the mental part that they have put me through. I dont understand how with no witnesses, the officer can give me a ticket for this accident. Its just his word against mine, except that you can tell the damage was his fault! Please someone help and give me some advice!!! Thanks,
Nikki

[Nikkoli110]

One more thing, I found out today on the police report that the other driver had already had a lot of damege to the side he says I hit, and that he has been in 2 other accidnets in this area. I just feel so helpless, like I have no one to turn to, and my insurance guy says it could go either way.

[mcsap]

You NEED to get a copy of the accident report so you know EXACTLY where you stand as far as the officer is concerned.

[Somebody]

Ok, um... the cop searched your stuff? Was the car confiscated? Were you under arrest?

I also find it odd that the officer pulled you from your car before being certain there were no injuries.

Now....ASSUMING everything you are saying is correct, my bit of advice would be to *gasp* consult a lawyer. I wasn't there, so I can't sympathize with either side.

You have the option of making a complaint, talking to a lawyer...heck, lots of different things. I suggest a lawyer, only because it is impossible for people on a message board to have the whole story, and I am sure many people here get sick of people telling half truths for sympathy =) I am not saying that is the case here, just that you would be better off looking into a local solution.

Good luck to you

[Nikkoli110]

Yes that is what I got today, but it just stated what the other driver said happen, and that officer did not take a statement from me. Is there another report that comes out after the initial report? Thanks for your help,
Nikki

[Nikkoli110]

Yes the officer searched my car, my purse, and everything in my car. No I wasn't under arrest, and my car was not confiscated. And yes he asked me to get out of my car, and I did, and sat by the curb until the ambulance came. His car was behind mine too, so I really dont understand why. I think we will be contacting a lawyer, but not so much about the officer. I'm just mad that they said it was my fault. The only reason I am afraid to contact a lawyer, or complain about the officer, is retaliation against me or my family, I have heard of a few incidents in my city about that happening, you know like people being harassed, or getting stopped for nothing, but not sure if its true or not. I dont want to get anyone in trouble, I mean I know these people have families and everything, and I respect what they do but I feel like I really got screwed by this whole situation. I am a good driver, no tickets or anything, this is the first, and I just feel like I'm getting screwed. Dont know what to do.

[mcsap]

hmmmm, we ALWAYS take a statement from both sides. No matter what each driver says, it goes into our report. Even if you said little green men... I can't answer for another dept but unless one driver is dead or unconscious, there is no reason to not include their statement. ( even if we don't believe it is true)

I think too you should contact an attorney.

We cannot make any judgement as to your being at fault or lack therof as too many people come here and paint a lopsided picture of a police incident that portrays themselves as the underdog victim.

You are essentially asking us to investigate an accident without having been to the scene, knowing the roads, talking to the drivers , seeing the vehicles involved and viewing any evidence that may have been there.

Can you substantiate now that ANY marks on the road were from you or the other driver ? There are a LOT of tire marks on the road at any given time. There are skid marks, yaw marks, acceleration scuffs etc.

We don't know if you were suspected of DUI , if the officer found something illegal in your car etc. Too many unknowns here for us to choose a side.

Get a lawyer.

[Nikkoli110]

Yes thank you, I understand that there is a lot of time and energy to investigate an accident, thats why I dont understand how he came to the decision of giving me a ticket for the accident and deciding I was at fault, without looking at those things. I think I am deffinatly calling a lawyer tomorow first thing. Thanks alot for you time!
Nikki

[APilgrim00]

That is "deffinatly" a good choice ;)