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  #1  
Old 04-17-2004, 11:13 PM
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Location: Pennsylvania
Posts: 692

Intersection collision


What is the name of your state? Pennsylvania.

The incident occurred in New Jersey. Recently was involved in a collision at an intersection. Proceeding from a one way street (three lanes) onto an expressway . There were no markings to indicate which lanes were designated specifically for Left turn or right turn only. The two signs that were posted were: "One way street" and a sign that indicated that a two way intersection was being approached. I was in the middle lane with a car in front of me using his turn signal to make a left hand turn. He proceeded forward and cleared the intersection. I commenced behind him and slowed midway , then made a safe turn. I was now faced in the middle lane of the correct follow of traffic when a car using the far left lane ( from the one way street onto the two lane highway)proceeds into my middle lane. Needless to say two objects cannot occupy the same space, an a collision occurred.
The gentleman stays in his car and tells his passenger to retrieve me for information. He wants to make an offer that I pay him cash then and there and we'll move on and not block traffic. I respond with " you are allowed to have my insurance information ,make.model of car, lic plate and proper ID, but I'm not forking over cash when I dont know the damage." He replied, well Im sure you can come up with a figure that is reasonable. I replied "Call the police and we'll deal with it thru the insurance companies" He calls his friend who owns a tow truck. Has the friend hop in his vehichle as the driver. The original driver leaves with the tow truck. Lo' and behold an officer pulls up behind and tells me I am not to speak with the gentleman that he will get all the information. The officer asked me two questions! 1: What direction were you coming from at the time of the occurance ? and two: Do you have proper ID, insur card, reg card. That was it!
He talked to the *supposed* driver thru the window. He came back, took my cards and sat in his squad car for approx. five mins. Comes out and says, "your information checks clear you're free to go. Your insurance company will need to contact our P.D. to gain access to the report of this incident." He wrote this information on the back of my insurance card. It wasnt even official. Just a phone number and the name of the intersection it occurred at. I received no citation at the time. I asked for the other drivers information so I can submitt it to my insurance company. The officer declined saying " all information will be in my report", you are free to go. The officer said that since I was in the middle lane I was at fault. His reasoning being: Its not a turning lane. I asked him where the posted signs were to indicate what lane was turning and his response was : "its your responsiblity to obey the signs,not mine to point them out to you" Well, I went to the area after being dismissed. I parked the car and literally walked two blocks proceeding this intersection to find the proper markings. Either via road sign(1 way and approaching two way intersection), signal light displays, or even painted markings on the streets themselves. The only thing it had were two lines to indicate three lanes. No markings whatsoever on the lanes to indicate lane turn designation. Here is the data on car damages. My car received a minute dent in the driver door. The other car had noted an 8 inch long indent to upper frontpassengers side along with the lens of the headlight being bent in. Both drivers and passengers stated "no physical bodily injuries". My insurance company gave a claim number and took the data needed. They chastised on account of: I didnt get the drivers info and the insurance info. The officer wouldnt let me speak with the driver or passenger once he was on the scene! Even before that the original driver kept saying "your at fault lady! Pay up now" . Only thing I could give the insurance was the License plate and a brief description of the car, make and color. I thought that during accidents neither party is to talk to the other unless its to exchange insurace, ID or inform the other that police, ambulance are on the way? Whilst I have my suspicions on this driver (ie insisting I pay him cash, and fleeing via other means) unless I have hard proof Im S.O.Luck! Its my facts against two others. I'll have a poor stance when this goes to arbitration . And yes, once I have the report I am seeking legal counsel simply to protect myself and understand the situation from a legal/financial stand point. My question though is: Since the officer never asked me if that was the original driver when he took the accident information, can that be used when arbitration comes about? I was advised thru counsel on an accident that happened years ago, dont offer any information unless asked directly by the officer for means of the investigation. Somehow in this circumstance I should have spoken up! Secondly What is the time frame for an officer to present a citation to the alledged offender in the state of New Jersey? Sorry this is so long, Hope it somewhat paints a picture of the situation and what Im inquiring about.
  #2  
Old 04-18-2004, 01:47 AM
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Location: Bay Area, CA
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My question though is: Since the officer never asked me if that was the original driver when he took the accident information, can that be used when arbitration comes about? (QUOTE)


Why would he ask you that? Do you think I take note of every driver in a car that I am next to? Why would there be arbitration? It is a Fender Bender, You are the one with the citation. Both insurance companies will deal with the damage part of it, and now you can deal with the citation and Traffic Court.
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

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  #3  
Old 04-18-2004, 10:03 AM
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Join Date: Jan 2003
Location: Pennsylvania
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Quote:
Originally posted by --PARIDISE--
Why would he ask you that? Do you think I take note of every driver in a car that I am next to? Why would there be arbitration? It is a Fender Bender, You are the one with the citation. Both insurance companies will deal with the damage part of it, and now you can deal with the citation and Traffic Court. [/b]
Reply: Its the officers duty to gather pertinent information. Having accurate data is constituted as relevant.

No citation was issued at the scene, to either parties involved. Thus the inquiry on how long in the state of NJ til a citation is presented to the driver.

If it goes to traffic court , naturally it will be dealt with responsibly.

Thank you for taking the time to respond.
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