Traffic Accident

[helppls]

I had an accident and I'm trying to see it through the eyes of a police officer.
What is the procedure if both parties are saying they have the green light?

[helppls]

He put on the police report contributing factor "26" for both parties. I spoke to 2 law investigators (not lawyers) and they explained to me that this "contributing factor 26" means we both are contributing to the accident but neither one of us got a ticket.

The officer's statement on the remarks said: "No citations were issued for fault dut to this officer being unable to determine which lane had the red traffic light".

So in short, (he told me this) he is saying that because he didn't see the accident he will not side
with one party or the other.

[Coastie 585]

He put on the police report contributing factor "26" for both parties. I spoke to 2 law investigators (not lawyers) and they explained to me that this "contributing factor 26" means we both are contributing to the accident but neither one of us got a ticket.

The officer's statement on the remarks said: "No citations were issued for fault dut to this officer being unable to determine which lane had the red traffic light".

So in short, (he told me this) he is saying that because he didn't see the accident he will not side
with one party or the other.

Thats your answer.

[helppls]

Ok, so i'm going to have to dispute this. This is crazy. I'm sure that at 90% of the accidents that happen the police aren't there to see the impact. It doesn't make sense that the innocent party gets no help.

Why should the innocent party get "contributing factor"?

Could I do this..could an officer list one party not at fault and the other as a contributing factor unknown (code 26)? If he is afraid to make a decision.

[citcop]

If he is afraid to make a decision.

Whoa, that's a pretty bold statement. Just because the officer didnt side with you on this doesnt make him unable to make a decision. He makes his report based on information he gathers on the scene. If there are no witnesses to verify the conflicting statements made, he is not going to just assume. His statement on the report clears it up pretty well. Nothing out of the ordinary.

[ngcsubutterbar]

Well 'since you want to see it through the cops eyes'


For every thousand people that say 'I am the victim' usually only 3 are.

[Tater]

Ok, so i'm going to have to dispute this. This is crazy. I'm sure that at 90% of the accidents that happen the police aren't there to see the impact. It doesn't make sense that the innocent party gets no help.

Why should the innocent party get "contributing factor"?

Could I do this..could an officer list one party not at fault and the other as a contributing factor unknown (code 26)? If he is afraid to make a decision.

Who is to say that you are the innocent party? I mean, don't you think that the other party involved thinks that maybe this was your fault? If I show up at this accident scene and write it up showing the other party involved as not at fault and you as the contributing factor, is this the right thing to do? No, and it does not mean that I am afraid to make a decision? I think not. The investigating Officer did the right thing in writing this up this way, based on the small amount of information that you have provided. Go to court and fight it if you feel that's what you need to do.

AFRAID? I really don't think so.

[Drew27k9]

As far as the police side of it, neither one of you were issued a traffic citation, so let that part go. Now it is between your insurance company and the other drivers insurance company to figure out who was at fault.

Let the insurance company worry about it, that is why you pay insurance.

[P01IC3M4N]

cop's going to write it up that's he/she is unable to determine fault.

no independent witness means your insurance will pay for yours, and his will cover his damages. it's a swearing match. sucks, but nothing you can do.

[helppls]

I guess "afraid" is a strong word in this statement. I didn't mean he was "afraid" but since he was trying to be cautious.

I'm still thinking about writing a note to him saying to change my status a bit.

It’s like if your mother or sister were traveling down a main road and someone made a left turn at the last minute right in front of them (failing to yield) and they have an accident. The other driver keeps saying they have the green light.

Yeah, the other party had the green light. Not an green arrow but a steady green light which means you have to yield to oncoming traffic.

It makes sense to me that the other driver is at fault in this situation. Cut and dry..but

The police officer gets to the scene and finds BOTH parties a contributing factor, because he wasn't there and then you find out that because of this you may or may not be able to get help from the insurance company.

What do you do?

[helppls]

As far as the police side of it, neither one of you were issued a traffic citation, so let that part go. Now it is between your insurance company and the other drivers insurance company to figure out who was at fault.

Let the insurance company worry about it, that is why you pay insurance.

Oh my god drew27k9,

It's like you were possessed by this officer. He said the exact same thing WORD FOR WORD when he called me. I actually have liability insurance so I get nothing from my insurance. I'm just hoping that this "contributing factor" for both parties doesn't prevent me getting help from the OTHER parties insurance company. According to a legal aid staff worker she said that it could possibly prevent it. That's why i'm fighting so hard to get this status corrected.

[Valor55]

Despite the mass media conviction that police officers are endowed with ESP when we get a badge it simply is not true. If both parties in an accident have conflicting statements we need an independent witness. Without one we need to find something else we can use as evidence that one party is lying or wrong. Without any of those things we can't attribute fault in the accident. In a case where two people say they had a right of way from a light and no witness to verify one over the other there is simply nothing we can do. We can't take your side because we feel sorry for you and we can't take the other party's side because we feel sorry for them. We have to make decisions based of facts and evidence. Without them we can't make the decision.

You have just discovered why being cheap on your insurance can suck. Without comprehensive insurance you can get screwed pretty easily. I hope you aren't making payments still...

[helppls]

Some scenarios are just cut and dry though. Man, this is crazy.

I'll try some of the shops along the main road and see if I can get a witness.

If by some miracle I find a witness.. Is it too late to give the police officer this info to have him change the report or would a witness statement just be added as a supplement. (or is it up to the officer).

[ngcsubutterbar]

You could ask that witness to appear in court with you, that's about all you can do with that. (At least in GA)

[helppls]

You could ask that witness to appear in court with you, that's about all you can do with that. (At least in GA)

Yeah i'm in GA too,
Do you mean small claims court? I cant see myself doing this either. The other driver looks as broke as me...