Q: Recently, while driving through a four-way intersection with stop signs, I got into a car accident. A car on my left passed a stop sign and hit my car in the left rear wing. When the police arrived, it’s turned out that the driver of the car that hit mine was a policeman too. After talking to him, they compiled a police report. The report said that I had passed the stop sign while talking on a phone, and a ticket was issued for using cell phone illegally. They did not even talk to me. As for the phone, I was holding it in my hand when the police arrived. Now the insurance company refuses to pay for the car damages, and I feel humiliated. What to do?
A: First of all, do not feel humiliated, you should fight. In your case, it is quite realistic to win. It was the police fault that they had not recorded your testimony, and it’s in your power to correct that. You should describe what happened by filling out the MV104 form and send it to DMV. Secondly, if you got a ticket, it does not mean that the collision was your fault. It’s not illegal to hold the phone in your hand while driving in our state. Driving and talking on the phone by keeping it in close proximity to your ear is prohibited. Even without knowing all the circumstances of your situation, we can say that the police were not there during the accident and couldn’t see that you held your phone. So, your ticket will be dismissed if you go to court. Thirdly, even if we assume that you were talking on your phone while crossing the intersection, it couldn’t prove your guilt in the accident. Your car was hit in the left rear part, which means that your car was furthest to the right and had the right of way (right-hand rule). Besides of that, an impact to the left rear wing confirms that the driver of the second car was moving with an excessive speed that prevented him from braking in time, and he was at fault in the accident, not you. Thus, your chance to have your ticket dismissed and get money to repair your car is big enough (just don’t repair it before the insurance company estimates repair costs.)
