QUESTION

My word means nothing? being charged with an accident but i was not involved.

Asked on Sep 11th, 2012 on Automobile Accidents - New Jersey
More details to this question:
State road 42 turned on blinker to change lanes.. noticed vehicle appearing out of my blind spot and i moved the 3 inches back to my lane. the other vehicle began to panic lost control hit two guard rails and totaled her vehicle. Police did not witness she and "a witness" told police i was speeding and ran her off the road. When i saw her hit the guard rail i stopped and made sure she was okay. They refused ambulance and so forth. i told the officer what happened and he said i could go since i was not involved in the accident. I insisted on staying to make sure she was okay. obviously a bad idea after speaking to the woman he took my information and mailed me a ticket for improper lane change. i went to court to plead down the points paid almost $400 for the $85 2pt ticket to find out i now have 4 points nJ surcharges and and insurance claim against me saying its my fault and they are going to pay out. what can i do?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Unfortunately, you should have asked this question before you pleaded down the traffic violation.  Your plea probably involved you pleading guilty to some lesser charge, and you now have the points and the surcharge.  The plea was an admission.  I understand you did it to pay less of a fine, but now there is a guilty plea.  In addition, you should have had that record "sealed" or marked so that it couldn't be used in a civil suit.  It seems, from what you have written that the insurance company is making a decision to pay claims instead of fighting because of the damage, and possibly the plea that you have already made. 
Answered on Sep 12th, 2012 at 8:56 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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