Totaled Supra and new to the forum

cre · 01-26-2012, 11:28 PM

I believe I already have a decent picture of the incident and how the sum of the damage was incurred. I'm not going to offer any specific legal advice, but I've fought a few tickets and had them readily dismissed. It's always most dependent upon your ability to collect information from all available sources and provide enough reason for the court to question the officer's testimony. Presenting a good clean image of both one's self and the situation is critical as well as being prepared to very clearly rationalize and answer any questions asked by the court and DA should you opt to testify. The testimony of others involved in the accident (especially the opposite party, if there was one) often proves helpful so long as their testimony is well directed... Not always possible but it's a total killer for the DA when it is managed.

If you are under 30 and in risk of losing your license over this I strongly advise you to at least consult with (if not retain) an attorney; The same goes if there was any alcohol or other questionable substance involved whether you believe you were under the limit, the substance is legal (such as prescription drugs) or that your were operating with a clear state of mind. Knowing more information about the magistrate presiding over the court in which your case will be heard is invaluable. You may be able to find out their name via the court clerk's office and then research their leaning in similar cases. May I ask if there was another party involved?

I agree with Ranma, my wife's '89 Accord is a snail but it'll still do 75 in a 45.... just takes a LOT longer to get there.

I'm sorry you lost your vehicle and I sincerely hope that any and all parties involved were unharmed.

Good luck with it.

TabuSoro · 01-26-2012, 11:38 PM

I'm concerned with whether I am deemed at fault or not in the mind of the insurance companies. There was no drugs or alcohol. I'm only 20.

How is fault determined by the insurance companies? Do you know?

cre · 01-26-2012, 11:58 PM

They are not bound by the court's ruling in anyway in any locale that I'm aware of; Not entirely anyway. Generally they operate based on a collection of both test and real-world accident data including but not limited to crash tests, police reports (from previous incidents, not limited to accident reports in that vicinity... not just cases you were involved in), local driving demographics, age of all parties involved (including passengers as they may present a significant distraction), weather conditions, estimated speed of the vehicles involved at the time of the collision, the state of the vehicles including any modifications and so on. Liability is assessed by an adjuster assigned to your case. Cases involving personal injury claims often get far more complex. Some states do limit liabilities under certain circumstances and again you may wish to contact a local attorney for any specific advice.

cre · 01-27-2012, 12:20 AM

You will find CA specific legal statutes here:
http://www.leginfo.ca.gov/calaw.html

Vehicle Code:
http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

Street and Highway Code:
http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

Insurance Code:
http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

TabuSoro · 01-27-2012, 05:46 AM

Quote:

Originally Posted by cre

You will find CA specific legal statutes here:
http://www.leginfo.ca.gov/calaw.html

Vehicle Code:
http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

Street and Highway Code:
http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

Insurance Code:
http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

Thanks man, I appreciate that.

01-26-2012, 11:28 PM	#1
cre Toyota Racing Development Join Date: Apr 2007 Posts: 5,038	I believe I already have a decent picture of the incident and how the sum of the damage was incurred. I'm not going to offer any specific legal advice, but I've fought a few tickets and had them readily dismissed. It's always most dependent upon your ability to collect information from all available sources and provide enough reason for the court to question the officer's testimony. Presenting a good clean image of both one's self and the situation is critical as well as being prepared to very clearly rationalize and answer any questions asked by the court and DA should you opt to testify. The testimony of others involved in the accident (especially the opposite party, if there was one) often proves helpful so long as their testimony is well directed... Not always possible but it's a total killer for the DA when it is managed. If you are under 30 and in risk of losing your license over this I strongly advise you to at least consult with (if not retain) an attorney; The same goes if there was any alcohol or other questionable substance involved whether you believe you were under the limit, the substance is legal (such as prescription drugs) or that your were operating with a clear state of mind. Knowing more information about the magistrate presiding over the court in which your case will be heard is invaluable. You may be able to find out their name via the court clerk's office and then research their leaning in similar cases. May I ask if there was another party involved? I agree with Ranma, my wife's '89 Accord is a snail but it'll still do 75 in a 45.... just takes a LOT longer to get there. I'm sorry you lost your vehicle and I sincerely hope that any and all parties involved were unharmed. Good luck with it. __________________ If something breaks or you need to contact a member of the administration please post HERE. Unless it's a private or administration matter please post it on the forum. It benefits no one else if car related questions aren't posted for future users and takes away from the time I'm able to spend helping on the rest of the forum. If you're so inclined I'm always more than happy to accept tips via PayPal. Tip Jar --->

01-26-2012, 11:58 PM	#3
cre Toyota Racing Development Join Date: Apr 2007 Posts: 5,038	They are not bound by the court's ruling in anyway in any locale that I'm aware of; Not entirely anyway. Generally they operate based on a collection of both test and real-world accident data including but not limited to crash tests, police reports (from previous incidents, not limited to accident reports in that vicinity... not just cases you were involved in), local driving demographics, age of all parties involved (including passengers as they may present a significant distraction), weather conditions, estimated speed of the vehicles involved at the time of the collision, the state of the vehicles including any modifications and so on. Liability is assessed by an adjuster assigned to your case. Cases involving personal injury claims often get far more complex. Some states do limit liabilities under certain circumstances and again you may wish to contact a local attorney for any specific advice. __________________ If something breaks or you need to contact a member of the administration please post HERE. Unless it's a private or administration matter please post it on the forum. It benefits no one else if car related questions aren't posted for future users and takes away from the time I'm able to spend helping on the rest of the forum. If you're so inclined I'm always more than happy to accept tips via PayPal. Tip Jar ---> Last edited by cre; 01-27-2012 at 12:00 AM. Reason: added clarification

01-27-2012, 12:20 AM	#4
cre Toyota Racing Development Join Date: Apr 2007 Posts: 5,038	You will find CA specific legal statutes here: http://www.leginfo.ca.gov/calaw.html Vehicle Code: http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20 Street and Highway Code: http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20 Insurance Code: http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20 __________________ If something breaks or you need to contact a member of the administration please post HERE. Unless it's a private or administration matter please post it on the forum. It benefits no one else if car related questions aren't posted for future users and takes away from the time I'm able to spend helping on the rest of the forum. If you're so inclined I'm always more than happy to accept tips via PayPal. Tip Jar --->

01-26-2012, 11:38 PM	#2
TabuSoro Stock Join Date: Jan 2012 Location: Sacramento, CA Posts: 5	I'm concerned with whether I am deemed at fault or not in the mind of the insurance companies. There was no drugs or alcohol. I'm only 20. How is fault determined by the insurance companies? Do you know?