Rear-end collision, confused?

Hello,

I was involved in a rear-end collision a couple of days back. The person driving in front of my stopped completely on a highway where there is no traffic and all other cars are moving at a normal pace (around 50m/ph). There was very little time for me to brake and I bumped into the other car. No human injuries, no major damages to the other car (only some dent on the rear bumper) but there were a lot of damages to my car (hood, front grill, front bumper all damaged and needs to be replaced). We reported the incident and Police came to the site, and took us to a location where there is no traffic (both cars were in drivable condition). The Police did not ask anything and simply gave me a ticket saying that according to Illinois law, the person who hits the car in front, in a rear-end collision, is at fault (and I dont completely agree). My drivers license was also taken and he said that I need to attend the court sometime next month. Meanwhile, I have given my car for repair and the initial estimate came upto $4500 (My car is a new 2008 model, and I have insurance coverage).

My question is:
1) There was no fine amount written on the ticket, so I am wondering how much fine will I have to pay (I got 1 ticket for accident and 1 for no having a copy of my insurance)
2) What will happen on the day I go to court? Will the other driver come to court as well? And will it be like the civil court case? I have no idea about it.
3) Will I only be fined or something else? Can I avoid the ticket/fine in any case?
4) Do I need a lawyer at all? If yes, how much will the lawyer fees be?

Please help me!!!

sugarmama

Your fine should have been on the ticket...that is strange. You probably won't need an attorney. You can call the court house and find out the date and time of your hearing so you can show up and contest -- you only get one shot, so be there! The other driver doesn't need to be there. You will be fined if they do not find in your favor. In a very respectful way, present your side of the story. Be respectful...even if you lose. If you contact a lawyer, they can charge big bucks for consultation -- 2-300 bucks an hour! Maybe more. Bring your insurance verification to court so they will drop that charge.
Good luck!!

oklatom

To begin with, you are at fault. I understand you don't agree, but you are. You were following too close for conditions. If you hadn't have been you would have had time to stop before hitting the car in front of you. The other thing is you are supposed to carry proof of insurance with you in your car at all times. If you don't you can get a ticket as you did for failure to show proof of insurance.

On the day you go to court they will explain the procedure to you, and what your rights are. Eventually you will go before the judge and be giving the chance to enter a plea. You can say "guilty" and the judge will give you a fine to pay, and will hopefully return your license to you. Make sure you have your proof of insurance in case they ask to see it. You can say "no contest" which is the same as guilty. Or you can say "not guilty" and they will set a date for a hearing at a later time, giving you time to call in any witnesses you have and giving the state time to prepare and call in the officer who wrote the ticket in the first place.

As to the damages, your insurance will pay for the damage you did to the other car. If you have collision, they will take care of your damage, less any deductible amount you have. If you don't have collision, the damage payments come from you.

No, you don't need a lawyer. If you choose to get one he will tell you what his fees will be.

car253

Go to traffic school if you can to keep any points off your driving record. Ask the judge for t. I don't know the laws in your state. I think its strange the police took your license away. So, I hope your not driving without a license. I would call the court and ask them what the ticket is all about.

And, make sure that estimate is from your insurance company. Your own estimate will not fly with them, they have to make their own.

You might also ask your claim rep to have the Special Investigative Unit check out the other driver. He could be making accidents happen on purpose to make some money on his injury.

Good Luck.

Scott H

1. The judge will tell you what the fine is.
2. The other driver doesn't have to be in court. You are the defendent, the state or city is the plaintiff.
3. Only the judge knows.
4. Lawyer fees will cost more than the fine.

It doesn't matter what the car in front of you did. If they stopped and you hit them, you failed to maintain a safe following distance. That's why you got the ticket.

helpful bob

First off don't panic bec at least no one was injured at all and that's the main real concern if to ever really worry.
Of course if you have valid insurance then you'll be okay just be sure that you reported to the insurance company and that you get a valid insurance slip that clearly states you held a valid insurance coverage before the date you had the accident on."Bring that with you to court"
You could be facing a careless driving offence but I don't think they will hold you truly at fault due it it being somebody suddenly just stopped dead in front of you.
"The main issue here is did you have enough space on the hwy to maintain a safe distance"?If due to traffic being all neck to neck then really that's not your fault 100% due to it wasn't really much within your control to maintain a safe distance.
The fine for the insurance slip can be voided due to having proof that you held a valid insurance at said time and that's why no set fine was stated on the ticket you received.
Again the driving in fraction can include points and a fine but I doubt they will really give you a fine.
Well really they may summons the other driver but then there had to be wittiness's too more then likely and just bec it's a summons doesn't mean that they will even appear bec it's not a criminal offence court it's only a traffic court.Meaning due to nobody being insured and it's only a driving offence that even if summoned due to loosing work pay and time etc some ppl wouldnt bother showing up and no warrants would really be issued just for them not appearing.
You really don't need any lawyer bec they will charge you 350 to 700 bucks or more and why bother when you can speak for yourself.
If you didn't hold a valid insurance at the time then probably check around for a lawyer for sure bec it can be heavy fines invloved and the lawyer might be able to get reductions in their amounts and set payment terms and arrangments of payments for you.
Basically when you appear at court and you've a valid insurance slip covering the date of the said accident with you then you might be able to just state your case and explain exactly what occurred and you may not get any fines etc at all or very minor ones.
The crown attorney might come up to you before you face the judge and offer you a deal but remember if basically you know in your heart you didn't do anything wrong due to hwy conditions or traffic conditions etc then just face the judge bec they can tell when you're speaking from the heart and the truth and that you're aren't really at fault etc.

Hope that helps and best of luck.By the way try not to panic, also your insurance company will cover any damages if you've full coverage up to 70% or so of the cars book value in repairs.
Again please try not to worry or panic and try to enjoy the holidays Merry Xmas.

spiritwalker

have no idea how much the lawyer will cost, but your in ohio, get one!!
Did the other driver have insurance, that is your key. If he didn't it is his fault automatically. If he did, it is your fault.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: