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I believe the Cop is purposely blaiming me for Accident

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Michael Sojka

Junior Member
What is the name of your state (only U.S. law)? New York

I got into an accident in the beginning of the month. It was snowy and icy and as I was about 3 car lengths from the intersection the light turned yellow. I stopped but kept sliding. A women going in the opposite direction of me was making a left at the intersection. As I entered the intersection sliding, still in my lane, she decided to turn and both our front ends collided (my driver side front corner, her passenger side front corner). She stated I went through a red light, i am saying it was yellow, either way if it was red, she too went through it too. I called the police and they arrived. The attending officer took our information ( she had no license or registration, i had everything) and asked her what happened without asking me. When he was done in his car and returned my ID card i asked him who was at fault, he stated I was saying i went through a red light and she had a green. He said she was turning off the road she was actually turning onto. I quickly clarified he was mistaken and his response was "wait I'm confused just get out of here". I left not wanting to upset an officer and later contacted him about it. He left a voicemail on my phone stating - "I don't have you at fault, I have her failing to yield the right away of traffic" (I still have the voicemail).

Now this is where I don't know what to do. My insurance company and myself got the report and it says something completely different. It is putting all liability onto me, making false claims. The lady who turned is a highly respected citizen of the town the cop works for. My insurance company is threatening to drop me, or jack up my rates ( which is obvious ) unless I get the report amended. Trying to contact the cop however has been fruitless. He will not return my calls and everytime I go to the precinct he conveniently just left. I'm out of options and don't know what to do. My insurance company won't assist me and i didn't do anything wrong. Should I take any legal action or am i just beating a dead horse. Please help
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? New York

I got into an accident in the beginning of the month. It was snowy and icy and as I was about 3 car lengths from the intersection the light turned yellow. I stopped but kept sliding. A women going in the opposite direction of me was making a left at the intersection. As I entered the intersection sliding, still in my lane, she decided to turn and both our front ends collided (my driver side front corner, her passenger side front corner). She stated I went through a red light, i am saying it was yellow, either way if it was red, she too went through it too. I called the police and they arrived. The attending officer took our information ( she had no license or registration, i had everything) and asked her what happened without asking me. When he was done in his car and returned my ID card i asked him who was at fault, he stated I was saying i went through a red light and she had a green. He said she was turning off the road she was actually turning onto. I quickly clarified he was mistaken and his response was "wait I'm confused just get out of here". I left not wanting to upset an officer and later contacted him about it. He left a voicemail on my phone stating - "I don't have you at fault, I have her failing to yield the right away of traffic" (I still have the voicemail).

Now this is where I don't know what to do. My insurance company and myself got the report and it says something completely different. It is putting all liability onto me, making false claims. The lady who turned is a highly respected citizen of the town the cop works for. My insurance company is threatening to drop me, or jack up my rates ( which is obvious ) unless I get the report amended. Trying to contact the cop however has been fruitless. He will not return my calls and everytime I go to the precinct he conveniently just left. I'm out of options and don't know what to do. My insurance company won't assist me and i didn't do anything wrong. Should I take any legal action or am i just beating a dead horse. Please help
I would suppose you were driving too fast for conditions, which would make the accident your fault.

See here: http://dmv.ny.gov/about-dmv/chapter-8-defensive-driving
 

FlyingRon

Senior Member
Give the details to your insurer and let them duke it out. Cops and their reports do not assess civil liability.
 

Michael Sojka

Junior Member
I would suppose you were driving too fast for conditions, which would make the accident your fault.

That is what he wrote down, but that is not the case at all. I even have a witness who was in the car with me. I drive slow in the winter. Also how would he be able to determine that. The problem is my car has low profile tires which are extra wide. I just got new tires for it but i cant afford new rims, according to the collision guy he said thats why my car slides so easily. I swear i was going plenty under the speed limit. Also if it helps her front passnger corner struck my front driver side corner. She literally turned into me.
 

Michael Sojka

Junior Member
Give the details to your insurer and let them duke it out. Cops and their reports do not assess civil liability.
I did give the report and everything to the insurance company. I have a voice mail saved saying from the cop that he does not have it as my fault, that she failed to yeild to the right away. The accident report does not state this, infact the accident report just says

"Veh 2 (her) was awaiting in traffic to turn left from west bound East Quaker on south bound freeman rd. The traffic light changed and veh 2 turned and was struck by veh 1 who was sliding"

That is it. Not even any information on what way i was driving or that she turned infront of me but my insurance company is saying that they have to go off the report
 

Zigner

Senior Member, Non-Attorney
That is what he wrote down, but that is not the case at all. I even have a witness who was in the car with me. I drive slow in the winter. Also how would he be able to determine that. The problem is my car has low profile tires which are extra wide. I just got new tires for it but i cant afford new rims, according to the collision guy he said thats why my car slides so easily. I swear i was going plenty under the speed limit. Also if it helps her front passnger corner struck my front driver side corner. She literally turned into me.
If you couldn't stop in time, then you WERE traveling too fast for conditions. The speed limit is the maximum speed you are allowed to travel, not the speed you should always travel.
 

Zigner

Senior Member, Non-Attorney
"Veh 2 (her) was awaiting in traffic to turn left from west bound East Quaker on south bound freeman rd. The traffic light changed and veh 2 turned and was struck by veh 1 who was sliding"

That is it. Not even any information on what way i was driving or that she turned infront of me but my insurance company is saying that they have to go off the report
This is exactly how you describe the accident happening. In any case, the officer wasn't there, so the report is hearsay.
 

Silverplum

Senior Member
You also should be driving a vehicle that is seasonally appropriate, especially the tires: http://www.tirerack.com/winter/tech/techpage.jsp?techid=126

From that page: "Unfortunately wide, low profile tires have to "plow" a wide path through deep snow, where narrower tires have an easier time. So if you're likely to drive through deep snow this year, you'll want winter / snow tires and wheels in sizes that help put the laws of physics on your side."
 

Michael Sojka

Junior Member
If you couldn't stop in time, then you WERE traveling too fast for conditions. The speed limit is the maximum speed you are allowed to travel, not the speed you should always travel.
Zinger what if I wasn't sliding and just driving straight. She was completely stopped and started going when i was already in the intersection thats why she struck me not the other way around. If i decided to try to get through the yellow light, this could have been a completely different conversation, with possible bodily injuries. And i understand if my car shouldnt be driven in the winter, i cant afford different rims. However this does not mean i was speeding if my tires are bad. The intersection is located down hill to by the way
 

Silverplum

Senior Member
Zinger what if I wasn't sliding and just driving straight. She was completely stopped and started going when i was already in the intersection thats why she struck me not the other way around. If i decided to try to get through the yellow light, this could have been a completely different conversation, with possible bodily injuries. And i understand if my car shouldnt be driven in the winter, i cant afford different rims. However this does not mean i was speeding if my tires are bad. The intersection is located down hill to by the way
"What if" doesn't count. Only with grenades, or maybe that's just a different saying. :cool:
 

Zigner

Senior Member, Non-Attorney
Zinger what if I wasn't sliding and just driving straight. She was completely stopped and started going when i was already in the intersection thats why she struck me not the other way around. If i decided to try to get through the yellow light, this could have been a completely different conversation, with possible bodily injuries. And i understand if my car shouldnt be driven in the winter, i cant afford different rims. However this does not mean i was speeding if my tires are bad. The intersection is located down hill to by the way
I'll play along...

Had you not been sliding, you would have been able to stop for the red light and the accident wouldn't have happened. I agree that the other driver should not have turned in front of oncoming traffic before being sure that the traffic was going to stop. Oh, and if she was in the intersection already when the light turned red, then she didn't run the red light.
 

Just Blue

Senior Member
Zinger what if I wasn't sliding and just driving straight. She was completely stopped and started going when i was already in the intersection thats why she struck me not the other way around. If i decided to try to get through the yellow light, this could have been a completely different conversation, with possible bodily injuries. And i understand if my car shouldnt be driven in the winter, i cant afford different rims. However this does not mean i was speeding if my tires are bad. The intersection is located down hill to by the way
Then you should not drive in the winter...You don't get to place others in danger because you "can't afford" better.

Be that as may...

You were driving a car that can't stop when it needs to. You are at LEAST 50% at fault...IMO Based just on what you posted.
 

Michael Sojka

Junior Member
I'll play along...

Had you not been sliding, you would have been able to stop for the red light and the accident wouldn't have happened. I agree that the other driver should not have turned in front of oncoming traffic before being sure that the traffic was going to stop. Oh, and if she was in the intersection already when the light turned red, then she didn't run the red light.
Okay I understand. I'm just confused i really thought it was not my wrong, I feel I could not have went any slower, also the intersection is downhill (that's my last excuse for the sliding i promise ), also the light was yellow at the time, the report does not say it was red. The insurance companies are putting all liability onto me. Should this be the case, then do to the unsafe speed, am I 100% responsible or should I try fighting any of this
 

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