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Garrddogg
01-25-2007, 06:38 AM
Dec 20 I was on the freeway and traffic stopped and I came to a stop,it was a fast stop ,but a stop, I looked in the mirror and saw a guy comming at me looking down and watched him look up and realize he was about to hit me, I tensed up and braced for him to me hit, and was rearended and knocked into a truck in front of me, the guy that hit me he had a suspended licence. when I was able to get out of my car I got up and out and looked back his car was about 6 feet back from mine with all the glass on the ground, and he was hiding things down his pants and running to his trunk and putting it in his trunk!! I walked back and startled him pretty bad and told him lets move over to the shoulder, then walked forward to the truck in front of me and told him lets move over to the shoulder and to watch the honda guy if he runs. (dont think he spoke english)so we all moved over to the right shoulder (i hate those people staying in traffic lanes after a small collision!) wont do that again!! so we move over and wait for CHP and a lady in a new white Mercedes pulled over and talked to the guy I hit for a minute as the CHP pulled up then left, So CHP took our reports, I told them how bad I was hurt and they didnt do anything. so to the damage, it was a honda that hit me and hit me with the right head light and went under the my bumper and bent the trailer hitch down towords the ground (my car was totaled.) the bumper of the truck in front of me was above my bumper and went through the grill and punctured my radiator and bent his bumper. I could see the two CHP's talking and pointing to my front and wanted to get out and talk to them but hurt and couldnt really move so I just sat in my car and called a tow truck.the I hit left and the tow truck got there and loaded my up and as we left they let the guy that hit me drive away.(on a suspended)
So fast foward a month I get a letter from my Ins adjuster that says I was 100% at fault for the accident told him NO NO NO not possible! I went to CHP office and got a copy of the report and sure enough the report summary says I was following at an unsafe speed and rearended the guy and the guy then hit me. the guy in the truck says he felt two impacts. When Im driving thats all I can think of and keep wakeing up thinking about it, This is killing me,
The report is wrong!!
They didnt even look at the rear of my car the whole rear under the spare tire was completly smashed in and the rear left door was on the quarter panel.
What I need to know is what I can to to correct this, this is going to go on my driving record and ins as my fault and if it was I would be able to accept it and move on, but it was not my fault at all and just cant let it go.
Some here know me some dont, but the deal is that I live my life with a certain degree of honesty and integrity and if was at fault would be able to eat it and move on, but Im not lieing and this is killing me!
HELP What can I do?

RitcheyRch
01-25-2007, 06:48 AM
How can it be your fault when you were rear ended? Doesnt make much sense to me thats for sure.

LHC30Victory
01-25-2007, 06:52 AM
I keep a cheap camera in the cars just in case an accident happens. Without pictures, the only evidence by now will be verbal testimony because the damage to the cars will probably support either story. It is the location of the debris that will help. You can get a copy of the report to me, I will review it and let you know what I see.

Garrddogg
01-25-2007, 07:05 AM
I keep a cheap camera in the cars just in case an accident happens. Without pictures, the only evidence by now will be verbal testimony because the damage to the cars will probably support either story. It is the location of the debris that will help. You can get a copy of the report to me, I will review it and let you know what I see.
yup and the fact that It was MY great idea to get evryone off to the shoulder rendered the debri placement usless..

OGShocker
01-25-2007, 07:12 AM
I keep a cheap camera in the cars just in case an accident happens. Without pictures, the only evidence by now will be verbal testimony because the damage to the cars will probably support either story. It is the location of the debris that will help. You can get a copy of the report to me, I will review it and let you know what I see.
Can you get me out of my 98mph ticket?:idea: :D
F26, sorry to hear about your bad luck.

jbone
01-25-2007, 07:23 AM
CHP wasn't there, so they have to rely on witnesses.
There is no doubt you were rear ended, even the report says that. They are basing their report on the first car's driver saying there was 2 impacts. He has nothing to gain either way, so he is impartial. At least he should be.
Other than witnesses, there is really nothing you can do.
You say you stopped suddenly, okay nothing wrong there. Then the guy rear ended you, pushing you into the car in front. How do you prove that? You can't.
If this happens again, Ask other drivers in the area if they witnessed the incident. If so, ge their info, and better yet ask them to wait for LE to arrive.
By the way, LE should have impounded the car of the suspended license dude. And the white Mercedes was probably a witness letting the first driver know they saw the accident if they were ever needed, or an ambulance chaser attorney.
Good luck,
J

RitcheyRch
01-25-2007, 07:35 AM
I also carry cheap disposable cameras in all my vehicles for this same purpose although has created an issue with another driver when he rear ended me.
I was rear ended in Dec 2005 by someone in a company truck and pulled my camera out to start taking pictures. The other driver saw that and kept trying to knock the camera out of my hand. He came close a few times to getting it on the ground where he said he planned on stepping on it to ruin it. When the local police arrived (El Segundo) he told them that I must be one of those people that goes out and causes accidents because he has never seen someone carry around a disposable camera in their car.
I keep a cheap camera in the cars just in case an accident happens. Without pictures, the only evidence by now will be verbal testimony because the damage to the cars will probably support either story. It is the location of the debris that will help. You can get a copy of the report to me, I will review it and let you know what I see.

Havasu1986
01-25-2007, 07:48 AM
You can try sending a P.M. to HOTPURSUIT he is a CHP:)

Devilman
01-25-2007, 08:00 AM
I also carry cheap disposable cameras in all my vehicles for this same purpose although has created an issue with another driver when he rear ended me.
I was rear ended in Dec 2005 by someone in a company truck and pulled my camera out to start taking pictures. The other driver saw that and kept trying to knock the camera out of my hand. He came close a few times to getting it on the ground where he said he planned on stepping on it to ruin it. When the local police arrived (El Segundo) he told them that I must be one of those people that goes out and causes accidents because he has never seen someone carry around a disposable camera in their car.
Troublemaker.....:D

RitcheyRch
01-25-2007, 08:02 AM
Always :D
Troublemaker.....:D

NOTALENT
01-25-2007, 08:10 AM
Technically you are at fault for hitting the guy in front of you. You should be traveling at a greater distance to where this wont happen ( according to the law). The guy who hit you is responsible for hitting you. Cops should have taken him to jail IMO.
like stated before, always have a camera in your car. Good luck.

Pussywhippled
01-25-2007, 08:13 AM
I also carry cheap disposable cameras in all my vehicles for this same purpose although has created an issue with another driver when he rear ended me.
I was rear ended in Dec 2005 by someone in a company truck and pulled my camera out to start taking pictures. The other driver saw that and kept trying to knock the camera out of my hand. He came close a few times to getting it on the ground where he said he planned on stepping on it to ruin it. When the local police arrived (El Segundo) he told them that I must be one of those people that goes out and causes accidents because he has never seen someone carry around a disposable camera in their car.
You should have let him hit you to knock it out of your hand... That's assult right?
As far as being someone who causes accidents, yeah that's the ticket... What a douche. The copper must have had a flashback of that old Chips episode...
I have the great pleasure and honor of knowing a (one, uno, 1) CHP officer, a neighbor. We have gone out to party (he is the desiginated driver - even drunk), gone to the river, gone to the desert, and I know most of the life story, totally disfunctional.
Sorry to say, but after knowing him as I do, and knowing how he thinks and acts, it make me look at all LEO's differently, whether that's good or bad it's true.
I know I shouldn't stereotype, but... When I first met him I thought cool, it's cool to have a cop friend, but you know what I could really do without, he's just a person and that's just his job...

Garrddogg
01-25-2007, 08:40 AM
I did have a camera but was really hurting pretty bad and didnt think about it untill we were off to the shoulder.

Garrddogg
01-25-2007, 08:42 AM
Technically you are at fault for hitting the guy in front of you. You should be traveling at a greater distance to where this wont happen ( according to the law). The guy who hit you is responsible for hitting you. Cops should have taken him to jail IMO.
like stated before, always have a camera in your car. Good luck.
Yeah but I was stopped..

little rowe boat
01-25-2007, 08:51 AM
A guy that I use to work with was in a T/C a couple of years ago and it came back as his fault. The Ins. Co. never asked his side, so he called and spoke with someone from his ins. co. and was able to explain the details that were not in the police report. The Ins. co. then took the ball and ran with it. The final outcome was 100% the other guy at fault.

NOTALENT
01-25-2007, 08:56 AM
Yeah but I was stopped..
It doesnt matter....remember that air cushion that your supposed to leave between cars....that could have prevented you from hitting the car infront.

RitcheyRch
01-25-2007, 08:57 AM
I told the officer he was trying to knock the phone out of my hand but the officer said as long as dont have any witnesses there is nothing I could do.
Funny thing was that when the officer was there the other guy kept arguing with me and I told him to "shut up". The officer didnt like me telling him to shut up and didnt tell the other guy to be quiet. Seemed odd to me.
You should have let him hit you to knock it out of your hand... That's assult right?
As far as being someone who causes accidents, yeah that's the ticket... What a douche. The copper must have had a flashback of that old Chips episode...
I have the great pleasure and honor of knowing a (one, uno, 1) CHP officer, a neighbor. We have gone out to party (he is the desiginated driver - even drunk), gone to the river, gone to the desert, and I know most of the life story, totally disfunctional.
Sorry to say, but after knowing him as I do, and knowing how he thinks and acts, it make me look at all LEO's differently, whether that's good or bad it's true.
I know I shouldn't stereotype, but... When I first met him I thought cool, it's cool to have a cop friend, but you know what I could really do without, he's just a person and that's just his job...

ULTRA26 # 1
01-25-2007, 09:28 AM
The guy in front of you claiming two impacts makes it diffucult to dispute. Howver, there is no question that the guy who hit you in the rear was at fault for your rear damage. I have dealt with this type of situation many times over the years, and there may be little you can do to disprove the conclusion without indepeendant wittnesses. IMO much of your case depends on the severity of the damage to the front and rear of your vehicle. If the majority of the damage to your car was to the front, it would seem to me that it is unlikely that you were hit from behind and pushed into the vehicle as you have described. However, if the rear of your vehicle sustained considerablly more damage than the front you may have a chance to overturn our carriers liability determination. Nonetheless, the guy who hit you in the rear is at fault for your rear damage and that portion of your injuries, period.
John M

ULTRA26 # 1
01-25-2007, 09:39 AM
It doesnt matter....remember that air cushion that your supposed to leave between cars....that could have prevented you from hitting the car infront.
Your statement isn't accurate.
It doesn't matter if there was one inch or ten feet between the car in front at the time the middle vehicle stopped. If the middle car did not hit the car in the front there would have been no collision and no fault. If another car comes along a collides with the middle vehicle, car # 3 is 100% at fault for all damage. However, in this senario, vehicle 1 would have only felt 1 impact
John M

NOTALENT
01-25-2007, 09:45 AM
Your statement isn't accurate.
It doesn't matter if there was one inch or ten feet between the car in front at the time the middle vehicle stopped. If the middle car did not hit the car in the front there would have been no collision and no fault. If another car comes along a collides with the middle vehicle, car # 3 is 100% at fault for all damage. However, in this senario, vehicle 1 would have only felt 1 impact
John M
I have been in this situation twice as the passenger of the middle car and both times the same thing was said by the judge and the police officer on the scene.

HOTPURSUIT
01-25-2007, 09:52 AM
Force..... about the only thing you can do is go into the area CHP office that handled the report and request an AI (Accident Investigation) Interview. This is an interview where you and the officer that took the report along with the officers supervisor (usually a sergeant) will sit down and discuss the report. You will have the opportunity to add an additional statement (in your own words/writing) to the report, telling in more detail your side of the accident. This will get attached permanently to the report. Also the officer will explain in detail why he found you at fault and how he came to that conclusion.
Let me tell you tho... 99% of these AI interviews don't change a thing. The officer usually doesn't back down from his decision and if there is a good sergeant in the interview, the sgt. always backs the officer. Unless of course the officers decision was blatantly wrong.
Based on your version of the collision, it sounds like your not at fault. If someone hits you from behind and causes you to collide with the vehicle in front of you, then the initial party that hit you is at fault for the entire collision.
They should have towed the car of the driver with the susp. lic. ..... however at some CHP stations you have to get sgt's. approval to tow a susp. drivers car. And being that the officer didn't actually witness the driving, some sgt's shy away from that.(don't know why tho)

LHC30Victory
01-25-2007, 11:07 AM
Can you get me out of my 98mph ticket?:idea: :D
Probably!

R.A.D.man
01-25-2007, 12:31 PM
This all sounds to familiar ,including the 2 impact story, for what happened to a business partner of mine. He was the middle car as were you and the third car had no insurance. We were held liable for 100% of the first cars damages medical included, we paid for our own and the third guy with no insurance got out with just a ticket. All I can think of is for you to find out when the driver of the first car reported two impacts. May have been "coached" to say this following disclosure of the third car having no insurance so they can come after you. Incidentally, the first car was insured by a lizard or something and they were a bitch to us.
Hope you find some luck along the way. It is very frustrating.

Bense468
01-25-2007, 01:13 PM
I had the exact thing happen to me on the 210 heading into pasadena about 7 years ago. Traffic locked up, everyone came down hard. 3 cars in front of me colided, I was on the brakes and going to make it then I got rearended and slammed into the car in front which was a brand new mercedes. All in all 7 car pile up and I was right in the middle. CHP came and took report. I was the young one at the time a and got the blame. The guy in front of me was an older black guy and pissed that his paper plate mercedes got wrecked from front to back. He was Yelling at me, I asked him how it was my fault he hit the car in front of him before I was even pushed into him by a full size chevy. They listened to him, only said a few words to me and next thing you know insurance says they pinned it on me. Joke

SB
01-25-2007, 02:04 PM
At least you didn't get a ticket.
Not much you can do. Call your ins. co., tell them your version, let them worry about it.

Keith E. Sayre
01-25-2007, 02:46 PM
You said that they guy ahead of you felt 2 impacts. Let's
assume that he really remembers this and is accurate.
Isn't it possible that when you got rearended,your car
actually bounces off the guy hitting you in the rear which causes you to immediately hit the guy ahead of you and then the forward momentum of the guy behind catches up
and slams into you again. maybe that could explain why
the guy ahead felt 2 hits. something to consider.
Keith Sayre