Police report not admissible???

What is the name of your state? DC

I was involved in an auto accident in January of this year. The other driver was issued a 'warning' for failure to yeild to right of way traffic. Neither I or him had insurance at the time. After failing to get any cooperation from him...I took him to Small Claims. On our first court appearance, we met with a mediator and it came to my attention that he was counter suing me(He claims he was making a left turn when I hit him...When he was actually trying to cross the street with oncoming traffic(me).)

My worry is that the mediator says that the judge my not accept the police report. I was shocked and after checkin with a couple lawyers in the court house found out she was right!! Even though the damage on his car is on the side rear..It may turn out to be my word againts his....any thoughts?

Ohene said:

What is the name of your state? DC

I was involved in an auto accident in January of this year. The other driver was issued a 'warning' for failure to yeild to right of way traffic. Neither I or him had insurance at the time. After failing to get any cooperation from him...I took him to Small Claims. On our first court appearance, we met with a mediator and it came to my attention that he was counter suing me(He claims he was making a left turn when I hit him...When he was actually trying to cross the street with oncoming traffic(me).)

My worry is that the mediator says that the judge my not accept the police report . I was shocked and after checkin with a couple lawyers in the court house found out she was right!! Even though the damage on his car is on the side rear..It may turn out to be my word againts his....any thoughts?

Click to expand...

My response:

Any thoughts about what? How the accident happened? Whether the police report can be used as evidence? Whether the sky is blue? Whether Bush will be reelected (not)?

What?

IAAL

That last question can be answered with a very hopeful yes. We already had one Clinton.

Go for it!

If I'm understanding your accident situation correctly; you were proceeding straight thru an intersection and the other driver tried to turn left in front of you. Thus the collision was caused by his failure to yield the right a way. That's why the officer cited him instead of you!

I don't know the laws in DC, but in AZ, a driver is automatically at fault when a collision occurs because a driver trys to turn left!

The lawyers probably said the judge MAY not accept the police report because it is a SAFE answer! If, for some odd reason the judge wouldn't accept it; you wouldn't be jumping them in the halls!!

If it were me; I would think that the mediator is just trying to scare me into settling.

My response:

Azgrandpa, have you ever heard of the "hearsay" rules of evidence? Don't jump up and down too much. You might crash through the floor - - once you read the hearsay rules.

IAAL

azgrandpa,

Thanks for your response. Acutally, I was traveling in the left lane when the driver came out a parking lot on the right side and tried to cross the street I was traveling on. He is claiming that he was already in the left lane waiting to make a turn(in his countersuit) and that I hit him in the midst of the turn.
It just upsets me because I assumed itwas an open and shut case(with the police report).....the impression Im getting now is that it may be my word againts his....and the burden of proof is on me. Any insight or advice that could tip the scale in my favor??

Azgrandpa, have you ever heard of the "hearsay" rules of evidence? Don't jump up and down too much. You might crash through the floor - - once you read the hearsay rules.

Click to expand...

Remember that answer? It is exactly what you need. Now, try using that thing between your ears to discern WHY IAAL answered the way he did.

IAAL

Sure I've heard of the hearsay rules, but only have a lay person's knowledge of it!

Why, as a premier advice provider, didn't you advise Ohene on how to turn the report into acceptable evidence? Such as supeona the investigating officer!

See, if I keep it up long enough I MIGHT get something useful out of you on this matter! (But, then, MAYBE NOT)

Re: IAAL

azgrandpa said:

Sure I've heard of the hearsay rules, but only have a lay person's knowledge of it!

Why, as a premier advice provider, didn't you advise Ohene on how to turn the report into acceptable evidence? Such as supeona the investigating officer!

See, if I keep it up long enough I MIGHT get something useful out of you on this matter! (But, then, MAYBE NOT)

Click to expand...

My response:

Do you mean to say that you knew about this one, possible, way of having the police report authenticated and admitted into evidence ALL THIS TIME, and you DIDN'T say so in your first response? Shame on you Gramps!

Gee, can you tell me some other ways to have the Report admitted?

Gramps, you're wasting space.

IAAL

azgrandpa,

Thanx for that tidbit on the subpoena. Im afraid it may be too late as my court date is Friday....by the way, dont hold your breath on anything meaningfull from I AM A LOSER.....He/She/It is in a funk because the FEDS are crakin down on those "cheap" internet pharmacies in india...

My response:

Gee, Ohene, that was brilliant. Oh, and guess who's going to "lose" their case on Friday?

IAAL

"Neither I or him had insurance at the time."
*** And don't you just love it when someone who breaks the law then whines and crys about having to USE the law.

I AM ALWAYS LIABLE said:

My response:

Gee, Ohene, that was brilliant. Oh, and guess who's going to "lose" their case on Friday?

IAAL

Click to expand...

You know, I think "lose" is such a harsh word..LOSER. Besides, I think I'll be juuuuust fine ...LOSER. Oh, and speaking of loosing...LOOSE THESE!

CHEERS

Oh brother. Full moon again?

JETX said:

"Neither I or him had insurance at the time."
*** And don't you just love it when someone who breaks the law then whines and crys about having to USE the law.

Click to expand...

Wait , did I miss something? Who's whinning about using the law? What are you dyslexic?? I mean seriously. Next time, take moment to read(and digest) a thread(slowly in your case) before joining the fray--genius!!

Oh, and speaking of "breaking" things...BREAK THESE....