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I got a ticket and was put at fault in car accident last month march 2013. I have two questions, please excuse the Ignorance.

Fort Lauderdale, FL |

I feel like we should both have a ticket or none of us have the ticket. Is there any such thing?
My second question is that the other couple involved in the accident was trying to put the fault so much on me, they were very aggressive, we have the same car insurance. I have full coverage, I believe they do as well. I got a ticket, they did not. Is my truck's damages still going to be fixed and paid by my insurance since I have full coverage or not?
I'm not sure how this works.
I have a 500 dollar deductible.

Attorney Answers 8

Posted

When liability is unclear the investigating officers do sometimes give both parties tickets and other times neither party a ticket. So this was a possibility. In this case you got the ticket but your insurance company will still fix your car but you'll owe the deductible. If you were injured consult an injury attorney for the possibility that you weren't at fault to explore other options.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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7 lawyers agree

Posted

If you were injured, see a personal injury lawyer and see if they can help you fight the liability question. If not, hire a traffic ticket lawyer to fight the ticket. It will be worth the money.

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Posted

Under the "collision" coverage portion of your own policy, your insurance company will pay for the repair of your car, or fair market value (if totalled), WHICHEVER AMOUNT IS LESS, regardless of fault, minus your deductible. I believe that in Florida the police report is not admissible to prove liability in a subsequent action brought against you, if solely based on statements told by the participants in the accident, except that any "admission" made to the police officer as to fault can be admitted into evidence as an "admission against interest". Having been the recipient of a ticket charging you with a violation of traffic law(s), you should retain a traffic lawyer to fight the ticket. If you are found to be "guilty" of the traffic infraction involved, it is possible that such finding will be binding on you in any subsequent legal action for damages. So fight, fight, fight.

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2 comments

Clifford M. Miller

Clifford M. Miller

Posted

Crash report and statements of drivers are never admissible; even as admissions, and even just for impeachment. Driver statements are compelled by statute and privileged.

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Posted

Thank you for the insight, Mr. Miller. The opposite is true in NY, where a statement made to the P.O., if an admission against interest, is admissible against a party.

Posted

Yes, your truck's damages will be paid by your insurer except you will need to pay your $500 deductible. My office handles car accidents and traffic tickets. You can mostly get the ticket dismissed if you hire a lawyer. Call my office monday if you would like a free consult- 561-367-3256

Disclaimer: no communications on AVVO or email should be considered to have created an attorney-client relationship or be construed as legal advice. This is for educational purposes only. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied.

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Posted

Lawyers can't determine fault from a short Avvo posting. Contact one of the lawyers in your state who answered above to evaluate. Personal injury lawyers give free consultations.

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Posted

In many instances of car accidents, at fault drivers are issued tickets by the police for violations of state, county or municipal ordinances. Unfortunately, the officer's issuance of a ticket is at his discretion. Even if a driver obtains a ticket in a car accident, it does not mean their insurane company will not cover their property damage if there is property coverage and not merely liability insurance. Report the claim to your insurance and have them inspect the vehicle. Your insurance company will pay the claim and may subrogate against the other insurance policy to assess a percentage of the claim to the fault of the other driver in the auto accident. Feel free to get a legal advise on this from a local law firm.

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1 lawyer agrees

Posted

You have no control over who gets the ticket. The officer's actions in determining liability or in giving the tickets is not admissible in court.

You will pay your deductible, and your insurance will apply above it.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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1 lawyer agrees

Posted

A police officer can ticket everyone, no one or just you. He has discretion as to whom he cites.

You may be well served to read through your car insurance policy and review the various types of coverages contained inside your policy. If you have full coverage which includes collision damage coverage, your car will be paid for regardless of fault. Whatever deductible you have assigned to your collision coverage will be deducted from the damage payment made by your carrier. Read through your insurance policy.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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