Get a copy of the police report and any other documentation you may have and contact an attorney.
View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Take photos, get a copy of the police report and document your son's injuries. With that information consult an attorney ASAP. If you have trouble with any of those don't hesitate to go first and consult an attorney as time is of the essence.
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The accident report is hearsay evidence and would require the testimony of the officer if it was ever going to be used in court. It is not a final determination as to what happened. Try to get a copy of the accident report, any pictures of the vehicle, medical bills, etc. to preserve for your case. If nobody was hurt, then basically there is going to be a dispute as to who is going to pay for the damages to the vehicles, either your son or the other persons insurance company.
As noted above, the accident report itself is not admissible without supporting testimony of the officer. That said, if there are other witnesses which refute the contents of the report (if the officer stands by what is written) then the jury would be free to disregard it entirely and believe those other witnesses. The key to your case will be proof refuting the claim that your son ran the stop sign. It may be that an accident reconstructionist can help with this as well. The fact that the car was uninsured is irrelevant except for the fact that the other drive may sue your son and/or you for their damages based on the claim that he ran the stop sign. In that case both you and your son could be liable for those damages.
I would strongly advise you to contact an attorney. The report would be hearsay and would not be based upon first hand knowledge. Therefore, you may be able to have the report barred from use at trial.
I have found it very difficult to have an officer amend an accident report. I generally retain an accident reconstruction expert to go out and investigate what really happened. I send my private investigator out to take pictures of both cars, the location of where the accident happened, and interview all witnesses.
From what information you posted, your son did not have any medical damages, thank God, and you only have a property damages case. My firm only handles cases which involve personal injuries, not just property damage, but you will want to find a firm that will help you. Don't let the insurance company bully you.
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com
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