QUESTION
Is there a case if neither the victim nor the witness showed up in the court?
Asked on Jan 17th, 2012 on Personal Injury - New York
More details to this question:
Your fault in an accident, when its time to go to court, the person didn't show and there were no witnesses to the points were dropped, no school and case was closed. Does that still count as an accident of its like it never happened?
16 ANSWERS
If a person doesn't show up for the case, the injured person that is, then unless they have a lawyer representing their interests they normally lose the case. Your question doesn?t say exactly what happened in court, i.e., were lawyers there. I'd have to ask further questions before I could say Yes! You win!
Answered on Feb 06th, 2012 at 8:46 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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It is hard to know exactly what you are asking. If you are asking about whether there is still a criminal/ traffic case against you, it appears that there is not. However, the accident still occurred and you are still liable to the person for any injuries or damages he or she sustained as a result of the accident. It does not matter if a ticket was issued or if it got dismissed because the witness did not show up. The criminal/ traffic citation is separate from your civil liability. If you were at fault for the accident, you (or your insurance company) still owes the victim for his or her damages. In addition, the accident still may cause your insurance rates to rise even if the ticket got dismissed. Again, they are separate issues. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answered on Feb 02nd, 2012 at 12:07 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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The fact that no-one showed up for court only means you don't have a traffic conviction. The incident did happen. The court's "view" of it, however, is that it never happened.
Answered on Feb 02nd, 2012 at 11:47 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you are talking about a traffic citation and the case was dismissed because the victim did not show up, then it?s a done deal. No traffic school; no points on your record. Congratulations. You got lucky.
Answered on Feb 02nd, 2012 at 10:58 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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In general, a dismissal is "like the case never happened". However, insurance companies look at accidents, not Court convictions.
Answered on Feb 02nd, 2012 at 10:48 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Well, it did happen but nobody showed up to testify about it. So, it's not like it never happened.
Answered on Feb 01st, 2012 at 5:38 PM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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I'm not a criminal attorney, but they shouldn't have a case unless they had evidence against you.
Answered on Feb 01st, 2012 at 3:09 PM
It all depends on how the case was closed. If it was dismissed with prejudice, then it can't be refiled or reopened. If not, then it may be reopened or refiled.
Answered on Feb 01st, 2012 at 2:31 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The incident happened but the case should have been dismissed.
Answered on Feb 01st, 2012 at 2:12 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Count for what? Insurance, yes, because it is still an accident. As to points, if the case was dismissed, there are no points assessed.
Answered on Feb 01st, 2012 at 2:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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DMV probably still has a record. That no one showed up in traffic court means little or nothing if there was damage that needs to be attended to.
Answered on Feb 01st, 2012 at 2:08 PM
If you are referring to traffic court, the fact that no o ne showed up to traffic court does not mean that the civil case goes away. You still may be sued in civil court for causing the accident and any injuries or property damage that occurred. You should alert your auto insurance carrier of a possible claim.
Answered on Feb 01st, 2012 at 1:26 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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It is confusing what "no school" means? When the judge "dropped" the case he/she dismissed it. If the dismissal is "with prejudice" then the case is gone forever. If not, the "victim," plaintiff can try again, maybe. (This must be a civil matter, not an alleged crime such as a DUI, I assume). Call the clerk at the court where you appeared and get the Minutes of the hearing. The Minutes will tell you what happened.
Answered on Feb 01st, 2012 at 1:23 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There would be no record of the accident on your driving record. However, the other driver could still file a claim on you insurance for the damage.
Answered on Feb 01st, 2012 at 1:21 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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It sounds like you were in traffic court and that has no effect on an injured party making a claim for damages resulting from an auto accident. You will have to wait two years from the date of the accident before you know if a claim is being made. After two years, there can be claim.
Answered on Feb 01st, 2012 at 1:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I assume you are referring to insuance. You would have to review this with your agent to determine exactly what your policy says. I would argue that this is not a "chargeable accident", meaning that your rates should not go up, for the reasons set forth in your question.
Answered on Feb 01st, 2012 at 1:17 PM