Wrongful charge, should I fight it?

#1 02-08-2004, 08:44 PM

I was recently in an accident, (minor). No other vehicles were involved. I hit a large snow drift which pulled my car off the road, causing me to hit a bench. My insurance company informed me that I did not have to file an accident report, but should. So I did. I was charged with failure to control! I was not speeding, it was extremly bad weather, the bench is made of concrete and not damaged at all. Should I fight this. I don't want the points on my driving record.

#2 02-08-2004, 08:48 PM

What you want and what is the law are two different things. You are not under control of a vehicle if you are going fast enough NOT TO NOTICE there is a snow dift large enough to cause you to have an accident.

You ahead and fight this. You'll lose.

#3 02-08-2004, 08:50 PM

Well if every car that hits a curb or goes off the road is not charged, why is this any different. Do you honestly think that I have no chance to win?

#4 02-08-2004, 08:53 PM

And if everyone who went 71 in a 70 was given a ticket the world would be a safer place.

I don't repeat myself.

HomeGuru · #5 02-09-2004, 10:15 AM

Writer, what is your legal defense?