Does my friend need an attorney?

[donkort]

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

Does my friend need a attorney under this scenario:

1. A friend of mine was involved in a collision where there is a question of fault. The other driver pulled aside, as if to park. Then, as I was passing, he hit him as he was trying to pass him (in order to make a left turn).

2. He was cited for unsafe lane change (VTL 1128A). The other driver wasn't cited. He's going to fight the ticket.

3. No injuries on either side.

4. The police report is both sparse (doesn't tell the whole story) and inaccurate (the diagram shown is incorrect). The police took a hasty report, and will not let him tell his side of the story (i.e., in order to amend the police report). If the police report were used by the insurance company as the basis for establishing fault, it would be 100% his fault.

5. The bill for the insurance company on my friend's side will total about $3,200 (including the $1,000 deductible).

6. The damage to the other car was relatively minor (dents on doors). Unknown how much damage there was.

My guess, no matter who was at fault, the fact of a conviction for "unsafe lane change" will establish that it is 100% my friend's fault.

Does my friend need an attorney?

Thank you.

 

[vhinrich]

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

Does my friend need a attorney under this scenario:

1. A friend of mine was involved in a collision where there is a question of fault. The other driver pulled aside, as if to park. Then, as I was passing, he hit him as he was trying to pass him (in order to make a left turn).

2. He was cited for unsafe lane change (VTL 1128A). The other driver wasn't cited. He's going to fight the ticket.

3. No injuries on either side.

4. The police report is both sparse (doesn't tell the whole story) and inaccurate (the diagram shown is incorrect). The police took a hasty report, and will not let him tell his side of the story (i.e., in order to amend the police report). If the police report were used by the insurance company as the basis for establishing fault, it would be 100% his fault.

5. The bill for the insurance company on my friend's side will total about $3,200 (including the $1,000 deductible).

6. The damage to the other car was relatively minor (dents on doors). Unknown how much damage there was.

My guess, no matter who was at fault, the fact of a conviction for "unsafe lane change" will establish that it is 100% my friend's fault.

Does my friend need an attorney?

Thank you.

If he can afford one, then he should definitely get one.

Usually, the insurance company go by what's on the accident report but a lawyer can take the case to the court and "make things happen".

 

[donkort]

Thank you very much

 

[ecmst12]

The ticket has nothing to do with the insurance investigation. A lawyer can help get the ticket reduced or maybe even thrown out, but that will have little or no influence on the insurance company's determination of fault.

 

[donkort]

Insurance Premiums

Hello there,

If my friend was allowed to go to "traffic school" to get the ticket dismissed (it was, it turned out, for "unsafe passing" - VTL 1124, rather than an "unsafe lane change - VTL 1128), would his insurance premium surcharge be decreased?

Also: he took the course in June, 2007, for the 10% discount, without any violations on his record: would he be eligible for the 10% discount before the three years are up?

Thanks for any responses.

 

[ecmst12]

Those are questions he needs to ask his insurance company. I would guess that even if the ticket was thrown out entirely, if they end up accepting fault and paying out for the accident, he will be surcharged for the accident.

 

[donkort]

Thanks for your feedback.

I could understand them surcharging for the accident; that would make sense. But a traffic conviction on your record makes things worse, right, especially if one is shopping for insurance?

 

[ecmst12]

Not really. The surcharge for a significant traffic violation is the same as the surcharge for an accident, and they can only charge you one surcharge per event. So they couldn't charge him for the ticket AND the accident.

 

[donkort]

Thanks for your feedback. I hope my friend will be somewhat relieved by this. He's not in the business of getting into accidents, or driving unsafely. I just hope the repercussions, ultimately, are limited to a $100-150 surcharge in his insurance for three or so years, which is at about $750 per six months right now.