Civil COurt Tomorrow - Proprty Damage no injuries...

[NicoleWalkerPA]

What is the name of your state? PENNSYLVANIA

I FINALLY have my day in court for an accident tomorrow - the issue is a woman pulled out across 2 lanes of traffic to travel the other direction. Other driver was found 100% responsible for the accident and cited for improper entrance to roadway. Her insurance company offer 70% of damages which total $4500 stating because I hit the side of her car that demonstrates to them SHE HAD CONTROL OF MY LANE!? This was state route and has 2 lanes going east and west bound with a center turning lane and she tried to bolt across 2 lanes of traffic to travel the opposite direction.

I have a question about going to court as it is my understanding the traffic report completed by the state trooper is not admissable in court?

What about the fact she was sited for the accident - can I use that part or NONE of it?

I have a notarized statement from a witness who was travelling in the lane next to me that when she went to make a right hand turn the woman in the car pulled out in front of me...

If I cannot use the accident report as part of my case ---when I say the driver was cited under code such and such ---do I have to produce documents to prove that fact? How do I prove that without the accident report?

ANy input is greatly appreciated. I did consult 2 attornies who basically required 30% of the claim to represent me (which meant I may as well have taken the settlement... so I decided to take it to civil court myself as this is so cut and dry ...or at least seems that way. I am not seeking anything but actual repairs - no injuries - no loss of use of vehicle etc...

[Ohiogal]

I have a question about going to court as it is my understanding the traffic report completed by the state trooper is not admissable in court?

Correct -- it is hearsay.

What about the fact she was sited for the accident - can I use that part or NONE of it?

If you know she was cited for the accident you can state that she was cited.

I have a notarized statement from a witness who was travelling in the lane next to me that when she went to make a right hand turn the woman in the car pulled out in front of me...

That is inadmissible hearsay as well.

If I cannot use the accident report as part of my case ---when I say the driver was cited under code such and such ---do I have to produce documents to prove that fact?

The more proof you have the better. YOu can also examine/cross-examine the other party.

How do I prove that without the accident report?

You can question the other party.

ANy input is greatly appreciated. I did consult 2 attornies who basically required 30% of the claim to represent me (which meant I may as well have taken the settlement... so I decided to take it to civil court myself as this is so cut and dry ...or at least seems that way. I am not seeking anything but actual repairs - no injuries - no loss of use of vehicle etc...

How much is the car worth?

[racer72]

I have a notarized statement from a witness who was travelling in the lane next to me that when she went to make a right hand turn the woman in the car pulled out in front of me...

I would also like to point out that all the notary seal means is that the person that signed the document is who they say they are, it doe not mean that the information in the document is correct or true.

[seniorjudge]

Q: I have a question about going to court as it is my understanding the traffic report completed by the state trooper is not admissable in court?

A: It is admissible under the business records exception to the hearsay rule.



Q: What about the fact she was sited for the accident - can I use that part or NONE of it?

A: Yes.



Q: I have a notarized statement from a witness who was travelling in the lane next to me that when she went to make a right hand turn the woman in the car pulled out in front of me...

A: You can't ask questions of a piece of paper.




You would be better off settling the case rather than trying it yourself.

[ecmst12]

If you want the witness statement to be admissible, you'd need to be able to have the person present in court to be questioned by you and the other party.

[Ohiogal]

Q: I have a question about going to court as it is my understanding the traffic report completed by the state trooper is not admissable in court?

A: It is admissible under the business records exception to the hearsay rule.

I have had those thrown out dozens of times as hearsay though because there is no confirmation that the police officer actually wrote it or that it was true and accurate. Now if he is there that has been a different story in my experience. of course Ohio courts are odd.

[You Are Guilty]

Originally Posted by Ohiogal

I have had those thrown out dozens of times as hearsay though because there is no confirmation that the police officer actually wrote it or that it was true and accurate. Now if he is there that has been a different story in my experience. of course Ohio courts are odd.

Same in NY. They make you bring the officer in.

[weenor]

Same in Alabama, officer comes in and uses the report to refresh his recollection.

[stephenk]

Also not allowed in California even if the officer testifies. Officer's testimony using the report is allowed, however, the report itself is never evidence.

To the poster: Just ask the other party if she was ticketed. if she says yes, follow-up asking if she fought the ticket.