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Old 09-13-2005, 05:01 PM
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Join Date: Sep 2005
Location: Colorado
Posts: 3

Contest or not? Am I responsible?


What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Colorado

Yesterday I was 'involved' in an accident with a driver on a motorcycle; I drive a 2-door car.

The Setting (so The Facts make sense): the roads involved basically look like this (with up being North):
| | |
| | |====+====
| | |

[The | | | on the left indicate a somewhat major road (speed limit ~40), the == indicate a small side road (speed limit 25/30) and the + indicates the entrance to my apartment complex on the South side of ==]

The Facts: After looking both ways I turned left out of +. After half of my car was in the street, a saw a motorcycle approaching rapidly. I pulled forward as quickly as possible to try to get out of the motorcyle's way. He jammed on his brakes, skidded on the tires for a good couple of car lengths, and then he 'laid the bike down' (he and the bike were on their sides skidding). I immediately stopped and ran over to see if he was OK. He had a good number of scrapes, cuts, bruises, and road rash, but the paramedics seemed to think he was fine otherwise (but they still did take him to the hospital).
He told me that he thought he must have been going too fast and that I must not have seen him until it was too late. [I believe that he made a left turn onto == from | | | and didn't need to slow down much.] He is also uninsured and it looked to me like the bike was kinda new because it had a dirty temporary tag on the back.
The police were involved and I was issued a $90, 3 point ticket "Failed to yeild ROW [right of way] when emerging from driveway." I have the option of having the ticket changed to $65, 1 point ticket for "Defective Headlamp" if I pay without going to court.

The Opinion: I feel that because the motorcyclist freely admitted that he thought he was going too fast that I may be able to have the whole thing dropped if I contest it in court.
I also believe that a) had the bike been a car, I would have seen it because a car would have needed to slow down more before turning left; b) had the bike been a car, the car would have simply stopped and not tipped; c) had the motorcyclist been familiar with his bike (assuming he was not because it was a new bike without insurance) he wouldn't have 'laid the bike down;' d) the intensity of the braking was unnecessary; e) the courts will view me as more responsible because I have had continuous insurance coverage since I was 16 and the motorcyclist surrently has no insurance (as unfortunate as that may sound).

The Problem: Should I contest the ticket and run the risk of having to pay court costs on top of the fine and have 3 points added on my license? The benefits I can see from this is that If the ticket is dropped, my insurance company may not raise my rate, I will not be assessed any points on my license, and I will not be fined.
OR
Should I take the 'Early Payment Discount' and simply pay the reduced fine and accept the reduced points? This would mean that my insurance company will probably raise my premium and it is an admission of guilt when I feel I haven't done anything wrong.

Any suggestions or input will be very much appreciated!
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