Hi,

I was driving my mechanics vehicle as my car was in repair with him. I have a valid license and my mechanic's vehicle which iam driving is also insured but
it does not have insurance on my name . i have insurance on my own car.
I just hit a car though i slammed the brake . It was raining , dark ,heavy traffic and there were no apparent damages to both the cars or the persons in either of the cars.

But the old lady passenger in the other car called th cops and the cop gave traffic citation and court case number. In her report she (allegedly injured passenger )stated that she has pain in her neck (falsely stated as there was no impact during the accident and she denied any emergency medical assistance at the incident )


Iam new driver and i dont know about insurance laws .This is the first citation/accident . Is it true that as i have insurance on my car , it automatically covers any vehicle i drive ???
If not what are the consequences of this accident in Georgia ??
Do i need to pay fine only or jail also .

Please help me out .


Thanks a ton in advance .

Fr_Chuck

First no you will not go to jail for a traffic ticket.

Next I am not sure when you say your mechanics vehicle ???

is this a car you were working on, or a car you drive for the person you work for.

But if that car has insurance, if you are not specifly not allowed to drive that car, it is insured.

For example, I have insurance on my car, it is insured no matter who is driving it, ( except for my one son, who is specifcly listed as a person who can not drive it by my insurance company) ** he had so many wrecks that was the only way I could keep my insurance.

So you turn this into the insurance of the car you were driving.

You don't admit anything in court, you have the right to hire an attorney to represent you in court also.

fredg

HI,
I assume you were driving the car owned by the mechanic, while he is repairing your car.
Ask your mechanic to call his insurance company, find out if you are covered on his insurance policy. Many policies cover whoever is driving the car.
Next, call your insurance company, and find out if your policy covers you driving another car, other than the one you have insured.
I do agree with getting yourself a lawyer; because the other person (complaining about neck injury) will probably sue. I do wish you the best.

ScottGem

I don't agree with getting a lawyer at this point. This is why you pay for insurance. If you haven't already, immediately call your insurance company and the insurance company for the car owner. They will tell you what you need to do, what coverage you have and how things will work. If the other driver does decide to sue you, your insurance company will provide an attorney since they will be part of any suit. In most cases, what happens is that the insurance companies just get together and negotiate a settlement.

I'm curious though what the cop issued you a citation for. Unless he witnessed a traffic infraction, I don't see what it could be for. Unless it was for an uninsured vehicle. If so, all you have to do is get proof of insurance from the owner's insurance company and the citation will be dismissed.

fredg

Hi,
In answer to the one posted before this, VA State Police and local Police often issue a citation in accidents, giving to the one who did such things as:
1. Failed to yield the right of way, causing an accident.
2. Reckless Driving, causing an accident.
and others.

ScottGem

In response to Fred's comments that sounds to me like a violation of Constitutional Rights. How does a trooper KNOW who caused the accident if he didn't witness it or that failure to yield or reckless driving was the cause? In NY, as far as I know, a law enforcement officer cannot issue a citation unless they witnessed the infraction.

Fr_Chuck

In all the states I have been an officer at, yes they write a ticket to who they believed caused the accident. They look at the evidence of the evidence, just like you would at a robbery scene or a murder scene.

A police officer does not have to witness a murder to charge a murder suspect.

Officers look at positon of the autos at rest, they determine the point of impact depending on the material left on the road and any skid marks.

Many departments have a rule that the officer MUST issue a ticket at the party they determine though investigation is at fault.

In cases where both parties are believed to have violated some law.
Lets say one speeding and one improper left turn, then both would be issued tickets.

I would say that I have never heard of a state that does not do this, it is part of the POST requirements in at least 8 states that I know of.

But of course NY may have such laws or it may be some specfic departments that do not allow it.

As Atlanta GA for example does not send an officer to investigate car break in's, they merely take a report over the phone.

ScottGem

I disagree with your premise here. Writing a traffic citation is not the same as investigating a crime. An accident may be just that. It my not have been caused by violation of traffic laws. My daughter was involved in a very similar accident to this. She hydroplaned on a wet street and bumped the car in front. Police were called, they filled out an accident report and that was it. I've been involved in at least 3 vehicle accidents that involved minor damage where police were called in. In all cases, the officer took statements and wrote up an accident report. No citations were ever issued.

Unless a death occurs, police are not likely to investigate looking at skid marks and the like. In most cases, if that's necessary, a forensic specialist will be called in.

An officer might write a citation if one of the parties complains loudly enough. But without corroborating evidence the citation would be thrown out.