Citation for rear end accident

[nblarson]

I'm from Iowa and recently was involved in a rear-end collision that I was at fault for. After the cop gave me the accident report, he also handed me a citation that read "speed generally, failure to stop within specified distance." I was given a courtdate because he told me that "the value of my citation could not be determined at this time". I've talked to all my friends who have rearended people and not a single one of them has ever been issued a citation, one of them even totalled his car. Am I being singled out for something? The accident occured because as i was slowing down towards an intersection my girlfriend started talking to me and distracted me for enough time to not see that a van had already stopped at the light and i didn't have enough time to react. I was going 5-10 under before i applied the brakes when i saw the van, and my airbags didn't even go off. My courtdate is the Aug. 15th, what should I do? My license is also on probation for a speeding ticket i recieved in november and i only have 3 months left, so I would really like to remove any chance of getting a moving violation and risk losing my license. Thanks for any help and advice.

 

[JETX]

"Am I being singled out for something?"
*** Of course you are. The officer bypassed a lot of possible rear-end accident citations just waiting for you to come along!!! Thanks to you, now ALL Iowans will be ticketed now..... thanks, buddy!!

"The accident occured because as i was slowing down towards an intersection my girlfriend started talking to me and distracted me for enough time to not see that a van had already stopped at the light and i didn't have enough time to react."
*** No. That is not how the accident occurred. It occured because you failed to maintain proper visual lookout while driving. Trying to blame your girlfriend for your idiocy is moronic. You should have never turned your eyes from traffic and yelled at the top of your voice..... "SHUT YOUR PIEHOLE!!! Can't you see I'm trying to drive here!!!"

"I was going 5-10 under before i applied the brakes when i saw the van, and my airbags didn't even go off."
*** You need to have your airbags replaced. They have obviously run out of air.

"My courtdate is the Aug. 15th, what should I do?"
*** Ahhhhhh, lets see. The old crystal ball says.... tell the court it was your girlfriends fault and SHE should get the ticket!!! Yeh, that will work!!

"My license is also on probation for a speeding ticket i recieved in november and i only have 3 months left, so I would really like to remove any chance of getting a moving violation and risk losing my license."
*** Gee, I would think plowing into the back of someone is probably a moving violation, so your 'wanna' just got beat all to hell, didn't it??? So, it sounds like your only other hope is to see if the local bus line sells a 3 month pass.

"Thanks for any help and advice."
*** You're welcome. And since you have this little driving 'problem' can we interest you in purchasing a 'freeadvice' legal plan???

 

[HomeGuru]

Yes, indeed. Save money on legal fees for pennies a day.

 

[nblarson]

I'm not blaming my girlfriend, I know it's totally my fault...sorry if I've posed an "idotic" question, normally I'm a very good driver but these two isolated incidents are just screwing me over and I was wondering if there was any hope to saving my license, that's all. My record is otherwise flawless. I've never had to go to court for anything before so I really don't know what to expect. Go ahead and berate me, if that's what get's you off, I'm just a little scared and not sure what to do.

 

[tammy8]

Have your insurance company pay the claim and then ask for a letter of liablity to take to court. Most of the time the DA will drop the ticket.

You do have insurance right?????

 

[racer72]

I think your friends are feeding you a line of BS. My wife was rear ended a week ago and the guy that hit her drove away with a ticket with a $1100 fine.

 

[nblarson]

What's a letter of liability and how will that help me in court? Yes, of course I have insurance. Holy crap racer, 1100 dollar fine?? I know that the fines in iowa are ridiculously small, but even still, wow. I've already taken care of the claim stuff, my car is already in the shop and should be done in a couple days. Should I contact them then?

 

[tammy8]

A letter of liablity is a letter from the claims dept of your insurance company stating that the company has accepted fault in the accident and has paid out XXX dollars under the property damage portion of your policy and XXX out of the bodily injury portion and that the claim is now closed.

 

[stephenk]

a letter of liability has nothing to do with the poster's traffic court appearance. It will not get the poster out of the ticket or reduce his fine.

Just go to court and say you were unable to slow in time, the damage is minimal and has been taken care of by your insurance company, your rates are going to go up, and would the court please give you a break (reduced fine or maybe traffic school). the court may just extend your probation from the prior ticket.

 

[tammy8]

Sorry stephenk, in NC and SC a lol 99% gives the DA the option (which is usually taken) to drop the ticket. I saw that the op was from Iowa but assumed (yes I know what that me ) most states followed this in accidents with tickets.

 

[spawn_x]

that makes no sense.

what does liability have to do with breaking the law?

You rear-ended someone, which means you did not keep enough distance, which means you were breaking the law. I don't see what the insurance payout have to do with getting you off the hook with breaking the law.

 

[tammy8]

Again NC has some of the strangest insurance laws in the country. I am telling you, atleast 4-5 times a week, the claims dept issue letters of liablity in order for the ticket given concurrently with an accident to be dropped. I suppose that since NC has 2 separate sets of "points" for insurance and driver's license, this is the reason behind dropping the ticket. The court system figures you are going to pay for the accident anyway in the form of insurance points.

I realize you guys thing I am crazy with this , but ask any NC agent about this letter. It is true I really promise .

 

[JETX]

"Again NC has some of the strangest insurance laws in the country"
*** Tammy, that may be all and good, but what does the NC practice have to do with the writers concern since she is in Iowa???!!!!

 

[tammy8]

Nothing Jetx, I just assumed in the beginning of this post that this was common throughout the US......until so many of you shot me down.

Sorry to keep it up so I am bowing out gracefully (yeah right) now.