NOT at Fault auto accident victim in GEORGIA

[falcyon]

What is the name of your state (only U.S. law)?
ATLANTA, GEORGIA

I was involved in an accident when a car (with 3 17 yr old teen boys) hit me from behind at a red light stop. I had two other adults and two boys (aged 3 and 4 in their car seats) when this happened.

I received a subpoena stating

i am commanded to lay all other businesses aside, to personally appear and testify and say the truth on behalf of city of Alpharetta on march 21st.

herein fail not on penalty of 200 $.

I understand that if i dont go, I need to pay $ 200. I am the innocent victim of NOT-AT-FAULT accident and wanted to know who pays be compensation for loss of work time due to court appearance or if i decide NOT to go to court, can I sue the at-fault-party for $ 200.

Any advice will be appreciated ?What is the name of your state (only U.S. law)?

 

[justalayman]

why are they suing you? If they hit you from behind, generally that would allow one to conclude they were at fault yet you are being sued: why?

 

[FlyingRon]

I don't think he's being sued, I believe he's being subpoena'd at the trial of the person who ran into him.

 

[las365]

If this is indeed a subpoena to testify (as it sounds), no one pays you for your time off work. It is your civic duty to go, not to mention that it is always a poor idea to ignore a court order.

Our justice system depends on citizens stepping up to participate. Everything isn't about your personal convenience.

 

[falcyon]

Thanks for the replies guys....

civic duty ??? you kidding me.....

my car was hit from behind....the other guy got tickets on 3 counts and I'm the innocent victim that will be called on to testify after losing valuable work hours and you're calling it civic duty....Cmon...not to mention, i'm also having hard time dealing with the at-fault guys insurance provider for all the claims processing....

If i'm called upon to do a jury duty, I understand that that's personal duty. if someone burns your house and I ask you to squeeze into my crawl space for few nights in exchange for my yard work, will you also then call it civic duty ?

 

[Cali408nia]

Your testimony is likely going to help convict this guy of whatever crime(s) he committed. You may not like it but knowing that your situation can help the state prosecute this guy should make you feel a little better about it. You mentioned this guy got tickets on 3 counts. Was he arrested on the scene?

 

[falcyon]

No, there was three 17-yr old's in the car......he got 3 tickets for failing to maintain safe distance, improper driving under bad conditions (was raining that day) and failing to stop on a red light. He was not arrested on scene but this guy just came a week ago from the phillippines and was added on to his mom's driving license with liability coverage and he agreed to his fault on scene when cops/meds arrived.

 

[FlyingRon]

No, there was three 17-yr old's in the car......he got 3 tickets for failing to maintain safe distance, improper driving under bad conditions (was raining that day) and failing to stop on a red light. He was not arrested on scene but this guy just came a week ago from the phillippines and was added on to his mom's driving license with liability coverage and he agreed to his fault on scene when cops/meds arrived.

If you don't testify, he'll get off most likely. There probably isn't sufficient evidence without you as a witness.

 

[You Are Guilty]

Helping get the driver convicted on the criminal charges means that you help your own chances of getting full compensation from his insurance. If he gets off on the criminal charges (because you don't show), you can potentially look forward to months, if not years, of arguing with his insurance carrier.

Your call.

 

[TinkerBelleLuvr]

Have you called and asked if you can appear telephonically?

 

[justalayman]

I don't think he's being sued, I believe he's being subpoena'd at the trial of the person who ran into him.

thanks. After reading it again, that makes a lot more sense.




falcyon:

ok, so let's skip the civic duty (that will cost you $200 if you don't go). Do you want the driver to held criminally accountable for his actions? If so, you need to go.

In contrast; if you don't testify, he will likely get off scott free.

so, are you pissed enough to want to see him pay for his actions or more upset about your wages that you are willing to see him walk away from this with no punishment?