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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 36351
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My neighbor that lives across the street & I were backing

Customer Question

my neighbor that lives across the street & I were backing out of our driveways at the same time. I looked to my left,& my right, as well as my rear view mirror and didn't see anything before proceeding. I realized I hit her when I heard a bump. She said she tried speeding up when she realized I didn't see her. She didn't blow her horn to stop me. I was the one that got the ticket. I think it's because I replied to the officer that I didn't see her when asked what happened. I then, trying to do the right thing immediately called my insurance company to file a claim. my court date is tomorrow. Should I fight it? I don't need the extra points on my driving record
Submitted: 6 months ago.
Category: Legal
Expert:  LawTalk replied 6 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a licensed GA attorney.

Unfortunately, while telling the officer that you never saw her was the truth, it also acted as sort of an admission that you were negligent in looking out as you backed up and the citation is going to be valid in court. You don't have a legal defense to the citation and should probably please nolo contendere---meaning that you don't dispute the citation but your plea cannot be used against you in a lawsuit by the neighbor or her insurance company for the damage to her vehicle. This is the way that your insurance company will best be able to try and protect you. See this definition of nolo contendere: http://legal-dictionary.thefreedictionary.com/Nolo+Contendere

I understand that you fear the traffic point(s), but your case is not a winnable case and if you fight it and lose, it will be a conviction that could hurt your insurance company in their efforts to argue that each of you was at fault---in an effort to decrease any settlement that will have to be paid.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
Thank you Doug. I checked with State Farm yesterday for a claim update. They told me payment to send to the other driver in the amount of $600 for the damages on 8/10. They didn't even request a police report, they just paid. So, there's no other recourse right? Also, in that case, should I just pay the ticket ahead of time and not go to court? Or is it better for me to plead NOLO? Is it possible for the judge to reduce the charges - $325?
Expert:  LawTalk replied 6 months ago.

Hi,

You wrote: They told me payment to send to the other driver in the amount of $600 for the damages on 8/10. They didn't even request a police report, they just paid. So, there's no other recourse right? Yes, that is correct.

As you stand to gain nothing by going to court and entering a plea (because your carrier already paid) then you might as well just pay the fine and just be sure that they take the hearing off calendar. Pay in person today to ensure that the hearing is taken off calendar and you are not charged with a failure to appear.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
The solicitor approved for me to pay by phone. If I go ahead and pay it, will that also relieve me of future lawsuits?
Expert:  LawTalk replied 6 months ago.

Your insurance company will handle all possible lawsuits. If you have approval to pay by phone then that is fine. Just make SURE that your hearing is taken off calendar as well.

Customer: replied 6 months ago.
got it Thank you.
Expert:  LawTalk replied 6 months ago.

Thank you for your kind words. They are very much appreciated. Unfortunately, your gratitude alone is not sufficient for me to be compensated for my having assisted you.

Please understand that in order for me to be credited, and paid, for having helped you, I need for you to positively rate my service to you by clicking on the rating stars located on your answer page---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug

Expert:  LawTalk replied 6 months ago.

Hi,

Is there anything else I can assist you with today?

Doug