| Author | Message | ||
     Billp |
Are there any bad webbers in Georgia who have been to traffic court there ? I live in NC and while visiting this weekend some guy rear-ended me. It was low speed, ~5mph, got a scratched rear bumper. The other guy was kinda flakey..he said he was getting his dropped cell phone off the floor when he hit us and said he would pay for it himself. He said he knew a body shop who would repair my car and kept reminding me that the Atlanta cops take hours to show up. I knew what he was doing and might have agreed if it happened in my home town..but it was Atlanta, and his car had a Tennessee license plate. Without an accident report he could blow me off and I'd be out of luck due to no report and not really sure of where he lives, or which state to even pursue legal action. Plus I found it extremely unlikely that he knows a body shop in my town two states away. Anyway...cop finally shows, he gets a citation for following too closely. The guy freaks out and tells the cop that I backed into him and while driving away says..'see you in court, i'm not gonna pay for anything'. Pretty much a complete A-hole. Here's me real question (sorry it took so long). The cop also gave me a piece of paper with a court date and said that I have to show up. WTF ? Why do I have to go to court ? I did not receive a citation and I'm the F**king victim ! I have no idea what will happen..will I need an attorney ? I'll probably get a local repair estimate..looks to me like a few hundred for a minor gouge in the plastic bumper and some paint and I'll contact his insurance company directly but I'm kinda pissed off that I will have to drive 4hrs to and from Atlanta just show up and say ..'yup,he hit me' | ||
| Reducati |
ummm...not an attorney (thank you jesus)...but you were given a piece of paper, so i would say no you dont have to show up...however, you are the witness, and unless there is a witness then it would be hard to have the defendant f/g....however, if i were you, what i would do, is call the municipal court house and speak with a states attorney/ district attorney, explain situation, and they would advise if you need to show up., ie, if the offender doesnt p/g at court and wants a hearing/trial, then you can go to court....thats my 2 cents | ||
| Billp |
Yeah Reducati, I'm gonna contact my local atty. insurance agent, the GA da, and even call the GA court and try to figure out if I really have to show up and what I can expect since I'm clueless. Even if all I have to do is say 'Yup, he hit me' then I will. Mostly kuz I'm paranoid and when it comes to legal stuff. If they say I have to show then I will. Also kuz he's a butt-head and if I have to show up just to confirm the citation then I will. | ||
| Sifo |
You don't mention if he has insurance. If he does I would be contacting them ASAP. Around here insurance is a requirement. you are the witness, and unless there is a witness then it would be hard to have the defendant f/g +1 unfortunately. Either way, unless you get a check from his insurance company you are going to also file in small claims court. I don't know if you can do that in your home jurisdiction or if you need to go to court where the accident happened though. Even winning in small claims court is no guarantee that he will ever pay a dime. Most courts do little to actually ensure payment of damages are made. For what you describe, your best course of action may just be to accept that you have been jacked over by a douche bag and put it behind you. Good luck though. | ||
| Billp |
FWIW, He seemed ok before the cop arrived and let us write down his license and insurance information. The insurance was from a large well known company. And yes, I know that doesn't mean anything. Am working today but I have calls into my local atty. and insurance agent. I will probably call his insurance company tomm. morning. | ||
| Fresnobuell |
I had an incident a few years back where a work truck was laying down pebbles all over the freeway. I ended up with a cracked windshield and alot of paint damage. I initially backed off the freeway like everyone else, but then I figured my car was already wasted so I might as well weather the rock storm and get his plate number. Long story short, I reported it to my insurance company as all I had was his plate number. Otherwise I would have probably contacted the other parties' insurance company if I had the info at the time. Basically, my ins. company couldn't do anything unless I opened a claim. Once that happened, it allowed their "loss mitigation" department (not sure about the official name of the dept) go after they other guy's insurance company to pay for damages (and reimburse my $500 deductible). The other guy admitted guilt eventually--and I get the feeling if he didn't I would have been screwed as it was a my-word-against-his-word type of thing. You won't have the advantage of the other guy being honest, but you do have a police report which indicates he was at-fault. Since the damage is something you would prefer take care of yourself, the decision to go this route is more difficult. The downside is if you open a claim and your insurance company is not able to collect from the other party. Now you have a claim you might not have otherwise made under different circumstances. Considering the amount of damage involved and distance from home, I tend to agree with others' opinions to let it go. This is my experience in California FWIW and i am not claiming to be any kind of insurance expert. (Message edited by fresnobuell on April 18, 2011) | ||
| Griffmeister |
I went to traffic court in Atlanta about 36 years ago, speeding, my fault. Cop wrote the wrong court date on the ticket, he wasn't even there that day. Clerk pretty much said "see ya". Yeah, you'd be safe to call and check your obligations. If you think you're going to see the guy that hit you there I would guess no. |
