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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience:  Began practicing law in 1992
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I was in a rear end collision. I was hit. The man who hit me

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I was in a rear end collision. I was hit. The man who hit me ask for my license, which I gave him. At that time I asked for his as well. He ignored me. When he returned with my license, I asked him for his info a second time. He ignored me. I called 911. An officer came. I told him that the man refused to give me his info. The officer took my statement and the man's. He gave me a ticket for no Fin. Resp. (which he had the # XXXXX policy #for and it showed up on the report that I did) Our insurance card hadn't been mailed. He also gave me a ticket for unsafe lane change. At no time did he ever require the man in give me his info. The officer was aware of my attempts. I only learn the man's name and info when I obtained a police report. I called 911, because of the man's lack of response and my car was totaled and inoperable. Is the officers actions legal? I believe the officer gave me the no fin. resp. ticket, because that would automatically make me at fault. We were in a construction zone. The man was a worker in that area. The man was towing what the officer referred to as a "homemade vehicle" which had a heavy piece of machinery on it at the time. The crash report has the same Fin. Resp. Num. and company name for the truck and homemade vehicle, but the truck has the man's address and the vehicle has a company address. Is that normal?

Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 : Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.
JD 1992 : The officers actions were not illegal.
JD 1992 : The lack of insurance doesn't automatically make someone at fault for a collision.
JD 1992 : It's not unusual for the info on the wreck report to be written the way that you set forth.
JD 1992 : It could be a company truck, could be a personal truck, could be a personal truck and company trailer, the insurance could be personal or comapny, etc.
JD 1992 : You can get the insurance ticket handled by appearing at court and showing them proof of insurance, the judge will dismiss that one.
JD 1992 : The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.
Customer: If it was his personal truck and a company trailer, why would the policy info be the same?
JD 1992 : Because the commercial policy would have covered him at work.
JD 1992 : A personal policy will not apply if the vehicle is being used for commercial purposes.
Customer: I took care of the no fin. res., but the unsafe lane change citation is 150 somthing dollars. They gave me my options.
Customer: He used his personal info on his truck and the company info on the trailer that he was pulling at the time.
JD 1992 : That is the way the form is set up and the questions asked. The company insurance policy will cover it.
JD 1992 : I've seen a number of wreck reports like that. Not unusual at all.
JD 1992 : Did you have additional questions?
Customer: The letter I received from his insurance company is under:
Customer: General Insurance Company of America
Customer: Safeco Insurance
Customer: PO Box 515097
Customer: La, Ca
Customer: Nowhere on the insurance paper I received do the words Home State County Mutual show up,but the policy # XXXXX XXXXX same under Safeco and County Mutual.
JD 1992 : All Mutual insurance companies have a number of different entities operating under their umbrella. Likely Home State Mutual is just one of Safecos subsidiaries.
JD 1992 : About a 99% chance of that. I know Safeco has a number of them.
JD 1992 : Anything else I can assist with?
Customer: The insurance company said they will not take any responsibility for the accident, because of what the officer wrote on the report. They are not even finding him partially responsible,so I'm left without a vehicle and they won't even cover a less than 200 dollar trip to the doctor.
JD 1992 : Is there a specific question about that I can answer for you?
Customer: They can find him totally 100% not at fault in a rear in collision?
JD 1992 : They can claim what they want. You can still sue and if you win they will pay. They are playing the odds. They know that most people never sue and so they just keep the money as long as possible.
JD 1992 : Still there?
JD 1992 : The website is showing you have gone offline but I'm not sure if that happened or if there is a glitch in the chat function. I am going to exit and assist others but if you have additional question please feel free to post them and I will pick back up and continue.
JD 1992 : Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Customer: I'm not one for suing either, but I felt like I was being blocked. They had their own tow company tow my truck. I had no say so. They chatted as I left with the tow driver and their body language suggested to me that they knew each other. They were both smiling at whatever they were talking about and I felt blocked and bullied. After handing me my citation the office told me to sign a computerized tablet (which I now know is standard procedure), but over the traffic it sounded to me as if he was telling me that I was admitting fault. I told him I wouldn't sign it and he threatened me with jail. He then came back with the report #.
JD 1992 : Have you reported it to your insurance company?
JD 1992 : I think there is a problem with Chat. I'm going to switch this to a Q and A format.
Customer: They said because I only have liability they're not pursuing anything and that I can do what I want with the truck.
Expert:  Dwayne B. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Dwayne B. replied 1 year ago.
It sounds like you need to pursue a lawsuit on your own against them. Just because the officer found you at fault on the wreck report doesn't mean you actually were.
Customer: replied 1 year ago.
Thank you for your input. I'm going to leave to suing decision up to my husband.
Expert:  Dwayne B. replied 1 year ago.
I understand. That appears to be your only option but it takes a commitment.

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience: Began practicing law in 1992
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