Got rear ended and ticketed a month later?

[spymander]

I am a Delaware resident and was traveling in NJ. I was on a two lane highway when a vehicle pulled out in front of me. I had to pass him but crossed a double yellow line. After passing him he proceeded to catch up with me and was riding my bumper and giving me the finger. My turn was coming up so I signaled and started to slow. Just before I turned he hit me. My girlfriend was in the car and she can attest the facts.

The office came and gave him careless driving, failure to produce registration and driving licence. I got nothing!

The accident happened on Oct 23rd and I received a ticket November 23rd. The other driver had filed a complaint stating that my careless driving caused him to have an accident, I assume he is pushing the fact that I passed on a double yellow. Its $85 and 2 point + there may be an insurance issue because his insurance had to pay in full for my damages.

I have the police report in which he states that I had stopped in the road and he had not seen me until it was too late so hit me.

First question is can they issue a ticket that late (after 30 days)? He had filed a complain on Nov-22nd but it states on the ticket that it was issued the 23rd.

I feel that passing on the double yellow was necessary but also that it should have no bearing on the fact that he hit me. The accident happened a quarter mile away from where I passed him. Is this true?

If I do go and they find me not at fault do have to pay court fees? Can I get reimbursed for having to take a day off and travel 90 minutes?

This is such BS and I would greatly appricate any advice.

 

[teflon_jones]

First question is can they issue a ticket that late (after 30 days)? He had filed a complain on Nov-22nd but it states on the ticket that it was issued the 23rd.

Yes, they can do this.

I feel that passing on the double yellow was necessary but also that it should have no bearing on the fact that he hit me. The accident happened a quarter mile away from where I passed him. Is this true?

Yes, these are most likely considered two separate incidents. Was the ticket to you specifically issued for the double yellow crossing, or for the accident itself?

If I do go and they find me not at fault do have to pay court fees?

Yes. You would have to sue the other driver in small claims court to recover this.

Can I get reimbursed for having to take a day off and travel 90 minutes?

Yes, sue the other driver in small claims court. But then you'll have to take more time off to sue him, but you can't be reimbursed for that since you initiated the lawsuit.

 

[spymander]

Thanks for the info.

The ticket I got stated "Careless driving causing MV crash". If he pushes the fact that I passed him on a double yellow it should make no difference right? Me passing him did not cause the crash that happened a 1/4 mile down the road.

I have no clue what his case is and no clue how he got someone to issue a ticket! The ticket is signed in the section "probable cause for the issuance of this complaint-summons".