Legal Advice needed urgently.

[Chayton]

I am in need of a good lawyer in california regarding a hit in run accident against me and my marauder that I was involved in a little while ago. I have a solid case and am going to be pursuing legal action. I dont have alot of money but this will be going to small claims. As far as im aware you have to represent yourself in small claims? regardless I need to talk to someone intelligent who knows the law. I need to get to the bottom of this. SOS

[Pat]

Be aware that each state has it's own laws and any information from us may not be applicable. I am merely relating a similar experience.

I pursued a claim in an auto accident and immediately found that to go through small claims court both parties had to be in the same jurisdiction, for example, both in the same city and the claim had to be under $2,500.00 plus no lawyers. If the parties live in different cities you will need to find out which city has jurisdiction.

Since, in my case, I lived in the city and the other party lived in the Parish (County) I couldn't use the small claims court.

But I did find that the Justice of the Peace system worked great. Had to find a JP that serviced the defendant's address. I did and the matter was settled very quickly.

I learned that the JP has a get deal of authority with much less bureaucracy. You plead you case and follow the JP's instructions, to the letter. When the other party balked, the JP picked up the phone and gave the guy 24 hours to come up with the dough. No muse, no fuss.

[fastblackmerc]

You'll need advise from someone who is licensed to practice law in Ca. We can speculate all we or you want but none of it will be valid.

[RubberCtyRauder]

Avvo.com or search the CA bar association site, they probably have alist of lawyers in areas or by areas of practice

[BAD MERC]

Small claims is generally not as formal as full litigation. In Florida both parties meet with a mediator before having the judge hear their case. Remember, you cannot be too prepared.

[Lowndex]

Google is your friend:

https://www.sanmateocourt.org/court_divisions/small_claims/how_to_prepare_and_present.php

http://www.scscourt.org/self_help/small_claims/day_in_court.shtml

http://smallclaims.cc-courthelp.org/

[lifespeed]

Sorry to hear that, how bad is the damage to your car?

[Chayton]

Sorry to hear that, how bad is the damage to your car?

This happened before the parade. Saul and Gary took care of me and were able to fix it in time for the parade, My car is "totaled."

[Chayton]

after hitting me the guy has rewarded himself with a very nice flashy mustang GT, and goes on to post on social media frequently about how blessed and lucky he is, and that the car breaks alot of necks and gets "all the right attention." :shake::shake::stupid:

[Spectragod]

Or, you could just turn it in to your insurance and move on. Since I am guessing it's not that bad....

[lifespeed]

This happened before the parade. Saul and Gary took care of me and were able to fix it in time for the parade, My car is "totaled."

How awful, I'm sure you were heartbroken. Glad to hear you were able to fix it, although the scarlet letter on the title is sad.

[Spectragod]

This happened before the parade. Saul and Gary took care of me and were able to fix it in time for the parade, My car is "totaled."

So........ it's totaled, but Saul and Gary fixed it, it seems a bit like an oxymoron that it was totaled but yet fixed.

Pics or it didn't happen....:confused:

[Chayton]

So........ it's totaled, but Saul and Gary fixed it, it seems a bit like an oxymoron that it was totaled but yet fixed.

Pics or it didn't happen....:confused:
Oh stop

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[Chayton]

Its irrelevant anyways it was already a salvage title.....it's totaled as in the damage exceeded the cars value in state farms eyes

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[Spectragod]

Oh stop

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I am being serious, lets see the damage that totaled it. I never even knew till this post that you were in an accident. Please elaborate.

[Chayton]

http://uploads.tapatalk-cdn.com/20160209/67999165c67ca68f38d4c09037c5ff 9b.jpghttp://uploads.tapatalk-cdn.com/20160209/74945a677349bdc26119431455cc15 45.jpg

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[ChiTownMaraud3r]

Just hire some street thugs to take him out.

[Chayton]

Just hire some street thugs to take him out.

tempting. And I hear their rates are very competitive...

[1Marauder]

Chayton, Call me and we can discuss.

Was former Executive Director of the Sacramento Mediation Center, and we handled mediations and arbitration so. As a Mediator, I even once got to sit as a Judge Pro Tem in court 59.

Do not have expert legal advice, but I can definately help you shape your case and preparation.

[tbone]

This happened before the parade. Saul and Gary took care of me and were able to fix it in time for the parade, My car is "totaled."

Your car has $8500 in damage, it's "totaled" and you put it in a parade? Not trying to be a jerk but this is confusing.

[Spectragod]

Your car has $8500 in damage, it's "totaled" and you put it in a parade? Not trying to be a jerk but this is confusing.

That's what I'm thinking, pictures of the damage? And how bad were you hurt?

[Chayton]

Your car has $8500 in damage, it's "totaled" and you put it in a parade? Not trying to be a jerk but this is confusing.
Stop stop stop you're hurting my skull. Just forget it. Stop.

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[RubberCtyRauder]

You brought it all up. It is not easy to understand a small claim related to $8500 and totaled. That exceeds most small claims limits so no wonder the questions on our part

[Spectragod]

Starts thread and wants us to forget it???????? Wtf?

[sailsmen]

State farm Totaled the car.

You collected from State Farm, had it repaired for less, pocketed the difference, are looking to collect your deductible and other out of pocket from a hit-n-run driver that now has head turning Mustang by taking him to small claims court?

If that's the case keep in mind all the facts are likely to come out in small claims court and you may end up paying.

[Chayton]

State farm Totaled the car.

You collected from State Farm, had it repaired for less, pocketed the difference, are looking to collect your deductible and other out of pocket from a hit-n-run driver that now has head turning Mustang by taking him to small claims court?

If that's the case keep in mind all the facts are likely to come out in small claims court and you may end up paying.
I DIDNT GET **** FROM STATE FARM THE PIECE OF CRAP WHO HIT ME GOT 8 GRAND AND MY INSURANCE SKYROCKETED DUE TO FALSIFIED POLICE REPORTS. If you can't understand that, it's too bad and so sad! The idiot CLIPPED my quarter panel and spun me around like a top....FFS. I have a case and I'm getting my money back! Quit accusing me of all this nasty stuff I have no agenda hear other than to serve justice

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[Chayton]

Starts thread and wants us to forget it???????? Wtf?
It's my thread not yours lmao. Papas in charge for now

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[Chayton]

You brought it all up. It is not easy to understand a small claim related to $8500 and totaled. That exceeds most small claims limits so no wonder the questions on our part
The limits $10K. my apologies I really did assume this would be more easily understood by you guys...when I have a chance I'll make diagrams for all of you

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[Chayton]

ONE of the pieces of evidence I'm bringing to the court roomhttp://uploads.tapatalk-cdn.com/20160209/a323ffcebfba2c6629c3d579d2eb37 d8.jpg

He claims I cut him off...as you can see he knicked the end of 20 footlong landyacht. If I had cut him off I could be dead.

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[Spectragod]

I DIDNT GET **** FROM STATE FARM THE PIECE OF CRAP WHO HIT ME GOT 8 GRAND AND MY INSURANCE SKYROCKETED DUE TO FALSIFIED POLICE REPORTS. If you can't understand that, it's too bad and so sad! The idiot CLIPPED my quarter panel and spun me around like a top....FFS. I have a case and I'm getting my money back! Quit accusing me of all this nasty stuff I have no agenda hear other than to serve justice

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You never posted what happened, most of us aren't mind readers.


It's my thread not yours lmao. Papas in charge for now

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Good, then go ***.


The limits $10K. my apologies I really did assume this would be more easily understood by you guys...when I have a chance I'll make diagrams for all of you

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It's 5k max in most states, and although you live in OZ, we never took that into consideration. No need for a diagram, most on here dgaf, you posted a story with all kinds of holes all over it. You said what happened, good luck, when you blow up in court like you do on the Internet, you'll probably start a go fund me page for bail.

[Chayton]

You never posted what happened, most of us aren't mind readers.



Good, then go ***.



It's 5k max in most states, and although you live in OZ, we never took that into consideration. No need for a diagram, most on here dgaf, you posted a story with all kinds of holes all over it. You said what happened, good luck, when you blow up in court like you do on the Internet, you'll probably start a go fund me page for bail.


ok I apologize. The sad fact is im just now realizing I have a case. I was more upset over that stupid marauder bumper. Thank god my friend had an extra one, it would have killed me to put a vic one on. Thats what I was more upset about. I was making a LEGAL U-turn when this kid plowed me doing 50-60+(these are the facts btw) he did not BRAKE, SWERVE OR HONK. JUST KNICKED my marauder booty doing 50+. Im so grateful I was in a marauder. Had I been in a piece of crap mustang like him, it would have been tinsel. My car is tweaked. By some MIRACLE the frame is fine. After he hit me he got out and proclaimed to me and bystanders that, his proof of insurance was at home, and hes leaving now to get it. Hops in his friends car who just happened to show up(who he also used as his witness for insurance????????) and leaves. 30 seconds later officer arrives ASKS who was involved, I identify, he says wheres the other party, I said he just went home to EDIT:RETRIEVE THE PROOF OF INSURANCE THAT WAS NOT IN HIS CAR WHERE IT BELONGED. Other party shows up, blah blah blah, end of the day HE GOT 8 GRAND AND IT WAS ALL MY FAULT DUE TO BPD and their*EDIT: FALSIFIED AND FULL OF HOLES police reports. Also fair to note, when the guy returned, he returned with his dad. they live in the nicest part of benicia and are loooooooooaded. MeanwhileEDIT:AS OF LATELY I HAVE BEEN LIVING PAY CHECK TO PAY CHECK EATING RAVIOLI OUT OF A CAN

[lifespeed]

That stinks, good luck getting justice in court. I hope you mean you're bringing a photo of the bumper, not the actual part. You'll just piss off the judge ;)

[Chayton]

That stinks, good luck getting justice in court. I hope you mean you're bringing a photo of the bumper, not the actual part. You'll just piss off the judge ;)

aww man. You really think Id get in trouble if I brought the whole bumper in?

[Chayton]

regardless of the judge, evidence is evidence... right? would help put things into perspective lol

[sailsmen]

Ok, so the Police Reports are falsified, State Farm is wrong, you said the guy was a hit and run and you ate ravioli for 2 weeks?

Again in Court a lot of the truth comes out and you don't always win, sometimes you pay.

Good Luck.

[Chayton]

Ok, so the Police Reports are falsified, State Farm is wrong, you said the guy was a hit and run and you ate ravioli for 2 weeks?

Again in Court a lot of the truth comes out and you don't always win, sometimes you pay.

Good Luck.

I have the police report. I ate ravioli TWO weeks ago because im in between jobs and living in a studio with a bathroom built out of 2x4's. the chicken crossed the road to crossed the road. STATE FARM COULDNT DO ANYTHING BECAUSE THE OFFICER OMMITED THINGS FROM HIS REPORT FOR UNKNOWN REASONS. I could go on and on about this, but im saving it for court.

[lifespeed]

aww man. You really think Id get in trouble if I brought the whole bumper in?

Just guessing, I don't know him personally. Large, clear photos of the appropriate areas that he can hold in his hands from the bench are likely best. Hopefully you have some crash scene photos and/or witnesses on your side as well.

[Chayton]

Just guessing, I don't know him personally. Large, clear photos of the appropriate areas that he can hold in his hands from the bench are likely best. Hopefully you have some crash scene photos and/or witnesses on your side as well.

Ive got it all. I will be subpoena'ing the officer as well. Sorry if I came off as rude or irate to anybody, Im just very upset and heartbroken. this kid disrespected my woman(miss maraudey) and got rewarded for it.....not cool

[Spectragod]

Ive got it all. I will be subpoena'ing the officer as well. Sorry if I came off as rude or irate to anybody, Im just very upset and heartbroken. this kid disrespected my woman(miss maraudey) and got rewarded for it.....not cool

I can understand your upset, but in the end, it's just a car, you walked away unhurt. Yes he got a mustang, but that means nothing. There are quite a few Marauders for sale that you could buy if you needed too.

On a positive note, your car already had a salvage title, so it wasn't a "no hit" car, this is your chance to make it better. And you know what? You'll still have a one of a kind car, and the douche in the Mustang will have 1 of 5,000,000 and still be a douche.

[RubberCtyRauder]

Why would you tell the cop the other driver went home to make a sammich. I would have said he went home to get his proof of insurance which he said he left it at home. Dud he have a stop sign or red light?? For you to make a u turn?

[Chayton]

Why would you tell the cop the other driver went home to make a sammich. I would have said he went home to get his proof of insurance which he said he left it at home. Dud he have a stop sign or red light?? For you to make a u turn?
Sandwich was a joke lol. I'm not that ignorant.....

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[Joe Walsh]

No witnesses other than you and the douche?

Someone else had to have seen what happened and can help 'correct' the LEOs shoddy accident report.

When I was younger and driving my 85 5.0 GT..... I t-boned a woman (w/child in the back seat!) who had run a red light.
The LEO was writing ME up because she lied and I was the easily blamed "young hot-rod in a Mustang".
I would have been destroyed in court if it weren't for a young woman who saw the entire accident and walked over to the LEO and said:

"That lady ran a red light and caused the accident"

I will be FOREVER grateful to her for taking the time to stop, park her car, and walk over to the LEO and explain what happened.....:bows:

[RubberCtyRauder]

Who had the right away for you to make a you turn? Was he behind you? And slammed into you? And if you want to be taken seriously in a serious thread then don't act ignorant. Simple as that. Make jokes and you'll get them back at ya

[Chayton]

No witnesses other than you and the douche?

Someone else had to have seen what happened and can help 'correct' the LEOs shoddy accident report.

When I was younger and driving my 85 5.0 GT..... I t-boned a woman (w/child in the back seat!) who had run a red light.
The LEO was writing ME up because she lied and I was the easily blamed "young hot-rod in a Mustang".
I would have been destroyed in court if it weren't for a young woman who saw the entire accident and walked over to the LEO and said:

"That lady ran a red light and caused the accident"

I will be FOREVER grateful to her for taking the time to stop, park her car, and walk over to the LEO and explain what happened.....:bows:
I have witnesses

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[Bluerauder]

No witnesses other than you and the douche?



Someone else had to have seen what happened and can help 'correct' the LEOs shoddy accident report.

:


This happened over 7-8 months ago. Based on the info presented so far, he made a U-turn in front of on-coming traffic that had the right of way. He was clipped in the rear end by a Mustang who had the right of way. Unless he has a witness that can honestly state otherwise, this is a lost cause not worth pursuing. He'll lose and end up paying court costs and damages to the Mustang guy for inconvenience and court appearance. Let it go !!

[Chayton]

Who had the right away for you to make a you turn? Was he behind you? And slammed into you? And if you want to be taken seriously in a serious thread then don't act ignorant. Simple as that. Make jokes and you'll get them back at ya
Okay fair enough. I slowed down with signal on at a open intersection....while I was looking to check for oncoming cars BOOM he slammed me from behind

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[Chayton]

This happened over 7-8 months ago. Based on the info presented so far, he made a U-turn in front of on-coming traffic that had the right of way. He was clipped in he rear end by a Mustang who had the right of way. Unless he has a witness that can honestly state otherwise, this is a lost cause not worth pursuing. He'll lose and end up paying court costs and damages to the Mustang guy for inconvenience and court appearance. Let it go !!
There was no oncoming traffic!!!

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[Chayton]

This happened over 7-8 months ago. Based on the info presented so far, he made a U-turn in front of on-coming traffic that had the right of way. He was clipped in he rear end by a Mustang who had the right of way. Unless he has a witness that can honestly state otherwise, this is a lost cause not worth pursuing. He'll lose and end up paying court costs and damages to the Mustang guy for inconvenience and court appearance. Let it go !!
And I have witnesses!

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[Chayton]

This happened over 7-8 months ago. Based on the info presented so far, he made a U-turn in front of on-coming traffic that had the right of way. He was clipped in he rear end by a Mustang who had the right of way. Unless he has a witness that can honestly state otherwise, this is a lost cause not worth pursuing. He'll lose and end up paying court costs and damages to the Mustang guy for inconvenience and court appearance. Let it go !!
And he was behind me he rear ended me he saw me slow down and signal and begin my u turn and slammed me.

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[Chayton]

This happened over 7-8 months ago. Based on the info presented so far, he made a U-turn in front of on-coming traffic that had the right of way. He was clipped in the rear end by a Mustang who had the right of way. Unless he has a witness that can honestly state otherwise, this is a lost cause not worth pursuing. He'll lose and end up paying court costs and damages to the Mustang guy for inconvenience and court appearance. Let it go !!
This was a hit and run why should he be rewarded for almost killing me...man you guys are brutal.

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[Bluerauder]

And I have witnesses!

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You better be a hell of a lot clearer in court on exactly what happened. Did you do a "Queen Mary" Wide Swing to make the U-turn ??

[Chayton]

You better be a hell of a lot clearer in court on exactly what happened. Did you do a "Queen Mary" Wide Swing to make the U-turn ??
I will. And no I did not. I really am cautious when driving despite being 20. I love my marauder. Anyways I've already spoke with someone from the area who will be helping me further with this. I will keep all of you updated.

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[Bluerauder]

I will. And no I did not. I really am cautious when driving despite being 20. I love my marauder. Anyways I've already spoke with someone from the area who will be helping me further with this. I will keep all of you updated.

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GLWC ......

[RubberCtyRauder]

Pretty much most rear end collisions are them At fault for not assured distance. Was not there , do don't know what the cop wrote.

[Chayton]

I'm omw to my meeting with the mayor as we type

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[tbone]

_______________

[Chayton]

_______________
Hey hey! Only seriousness in this thread of serious. Mods, lock this puppy up!!

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[RubberCtyRauder]

Whst is the statute of limitations on a case like this? 180 days, 1 year, 7, none?

[Chayton]

Whst is the statute of limitations on a case like this? 180 days, 1 year, 7, none?
One year. Doesn't matter though apparently I don't have a case..

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[RF Overlord]

My head hurts after reading this thread.

Let us know how you make out, but even if you lose:
You'll still have a one of a kind car, and the douche in the Mustang will have 1 of 5,000,000 and still be a douche.

[tbone]

My stomach hurts from laughing so much.....

Sorry about your car.

[Spectragod]

This was a hit and run why should he be rewarded for almost killing me...man you guys are brutal.

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We can be brutal, but haven't been yet. If you want a smidge more sympathy, offer up more than a snippet of what actually happened, otherwise, people will speculate.

[Bluerauder]

We can be brutal, but haven't been yet. If you want a smidge more sympathy, offer up more than a snippet of what actually happened, otherwise, people will speculate.


I agree. So far in this "Legal U-Turn", I have found nothing that would play in Chayton's favor. Being clipped in the right rear bumper leads me to believe that he was out of his lane when swinging wide to make the turn. Seen it many times before. Where's the pics and the witness report? Under these circumstances, it is easy to see why the Police Report is inconclusive.

The only thing that is clear is that he is pissed that the other guy is driving a new Mustang GT. After 7-8 months, you have to wonder "Why now ??"

[sailsmen]

California Man - I apologize if I implied you were less than Up and Up.

If your motivation is revenge drop it.

If your motivation is to be made whole due to a wrong then keep it very concise. "Just the facts".

Good Luck.

[Turbov6Bryan]

Makes left hand u turn and gets smacked on right side???

Guess he was DRIVING in the lanes you wanted to u turn into?

You were supposed to be yielding to oncoming traffic or this wouldn't have happened.


I tboned a ranger one day when they did a legal u turn in front of me, the impact shattered all their windows and bent the truck into a U. Then they tried blaming me for hitting them, even tried suing the company I was working at

I had the right of way! Some people just don't understand traffic rules:confused:

[Chayton]

All, please stop wasting bandwidth. I appreciate all of your intelligent suggestions, let's leave it at that! Don't tell me what I was supposed to be doing, ^^^ everything you just said was wrong and sad. Just drop it!

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[Chayton]

Makes left hand u turn and gets smacked on right side???

Guess he was DRIVING in the lanes you wanted to u turn into?

You were supposed to be yielding to oncoming traffic or this wouldn't have happened.


I tboned a ranger one day when they did a legal u turn in front of me, the impact shattered all their windows and bent the truck into a U. Then they tried blaming me for hitting them, even tried suing the company I was working at

I had the right of way! Some people just don't understand traffic rules:confused:
You couldn't be any more wrong. Drop it.

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[Chayton]

My stomach hurts from laughing so much.....

Sorry about your car.

glad I made your day bud :)))))))))))

[1Marauder]

Chayton,

Data (not emotion) is your friend in court.
Make a list of exactly what happened>

Sunny day-3:14 PM
______ Road at mile marker_____
Sitting at Stop sign, with LEFT Blinker on.
Started U Turn as opposite direction was clear
Subject______ rear ends me and hits me in rear BUMPER (not rear quarter panel) and spun my car. Both Photo and Bumper would be cool in courts.

_____ Left scene of accident "to go get his insurance card" with a friend who happened by scene of accident.

Photos of accident, cars as they sat... All data here.

Photos of area, views from all directions, etc.

I called 911 at ____ time.

_____ Minutes went by and officershowed.

Office knew ____ subject was not at scene as when officer showed up-- he asked "Who was involved in accident... Subject was NOT present.

Thus This was a hit and run, as the other driver left the scene.

18 minutes after officer arrived, and 24 minutes after the subject left scene of accident (you can drive from scene to his house and MarQuest it to show average time it would have taken).... Subject returns with parent to discuss with police, while I was without a parent or legal representation.

Continue to list data exactly like tabove without any drama or emotion. Let the judge emote for you.

Call me later--I can help. Will be sitting at Seattle Airport at 6:30pm to 745pm tonight or call anytime tommorow.


Please know we all feel for you. Your first part of the thread was very unclear to all readers. And while folks are trying to help--without the data... None of us can.

You need to get the Police report corrected first--then approach State Farm about possible misunderstanding (read: Rivised accident report showing he left the scene = Hit and Run), and you will need to check and see if small claims court can adjudicate traffic issues (they may not!).

Again, stay strong. Everyone here wants to help.

DATA ONLY is your friend--the only emotion you want to see is from the Judge feeling empathy for you that you were all alone without parent or representative while Jimmy Numbnuts left the scene of the accident... And was able to return 32 minutes later with his dad, and That you stayed and did the right thing.

State Farm will be another issue, but you should be able to at least get your insurance back to what it was IF and only IF you can get the traffic /accident report revised.


Sorry for TYPOS on a Bouncy plane into Seattle for the day.

[Chayton]

Chayton,

Data (not emotion) is your friend in court.
Make a list of exactly what happened>

Sunny day-3:14 PM
______ Road at mile marker_____
Sitting at Stop sign, with LEFT Blinker on.
Started U Turn as opposite direction was clear
Subject______ rear ends me and hits me in rear BUMPER (not rear quarter panel) and spun my car. Both Photo and Bumper would be cool in courts.

_____ Left scene of accident "to go get his insurance card" with a friend who happened by scene of accident.

Photos of accident, cars as they sat... All data here.

Photos of area, views from all directions, etc.

I called 911 at ____ time.

_____ Minutes went by and officershowed.

Office knew ____ subject was not at scene as when officer showed up-- he asked "Who was involved in accident... Subject was NOT present.

Thus This was a hit and run, as the other driver left the scene.

18 minutes after officer arrived, and 24 minutes after the subject left scene of accident (you can drive from scene to his house and MarQuest it to show average time it would have taken).... Subject returns with parent to discuss with police, while I was without a parent or legal representation.

Continue to list data exactly like tabove without any drama or emotion. Let the judge emote for you.

Call me later--I can help. Will be sitting at Seattle Airport at 6:30pm to 745pm tonight or call anytime tommorow.


Please know we all feel for you. Your first part of the thread was very unclear to all readers. And while folks are trying to help--without the data... None of us can.

You need to get the Police report corrected first--then approach State Farm about possible misunderstanding (read: Rivised accident report showing he left the scene = Hit and Run), and you will need to check and see if small claims court can adjudicate traffic issues (they may not!).

Again, stay strong. Everyone here wants to help.

DATA ONLY is your friend--the only emotion you want to see is from the Judge feeling empathy for you that you were all alone without parent or representative while Jimmy Numbnuts left the scene of the accident... And was able to return 32 minutes later with his dad, and That you stayed and did the right thing.

State Farm will be another issue, but you should be able to at least get your insurance back to what it was IF and only IF you can get the traffic /accident report revised.


Sorry for TYPOS on a Bouncy plane into Seattle for the day.
Thank you grant. Will do.

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[Turbov6Bryan]

So tell us how it happened

Gets hit from behind with "no traffic"

Was he oncoming traffic or driving behind you?