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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 28334
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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I was rear ended about a month ago. I did not get a police

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I was rear ended about a month ago. I did not get a police report as the other driver begged me not to, and promised to pay after I got an estimate. Being that he was delivering pizzas, I knew I could find him at his place of business if I needed to. It was a struggle to get any payment from him at first: I had to go to talk to his manager to finally get a hold of him. He finally gave me $100 and agreed to pay the rest in the coming weeks. Now he is claiming he is not responsible because I didn't get a police report. Now I have to take him to court. I have texts from him acknowledging the accident, he admitted it to his manager, and he met me at the body shop to get the estimate, where he told the appraiser the whole story. In my mind, this is enough evidence to prove he did in fact hit me and accepted the fact that he should be responsible for it. Is it possible for me to lose against him in court with this information? Would I have to bring these witnesses with me, or could they write a signed letter explaining their involvement? Thank you.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Based upon the facts which you stated above and the evidence which you have, you do appear to have a very strong case. The fact that you did not get a police report and/or contact the police, is not a defense that would prevent him from being responsible for the accident. However, you would need to bring your witnesses in court to testify on your behalf, along with any other evidence that you have. The reason that they could not write a letter, is because he, as the defendant, has a right to cross examine them if he wishes and can not do that, if they write a letter. Moreover, the Judge or Jury would need to be able to view and evaluate their credibility, when testifying as well.

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