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    mvass's Avatar
    mvass Posts: 3, Reputation: 1
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    #1

    Mar 2, 2007, 11:12 PM
    Car accident on private property
    Hello. I was involved in a car accident. It was 9 PM, dark. I was backing of my driveway and hit a car that was parked on the street in my subdivision. The police came and determine that is my fault. The officer suggested that we can just exchange insurance information and there is no need of report, but the other party insisted for a court date.
    What should I do? I have never been in any traffic violation before and never had to deal with anything like that.
    Thank you in advance for your advise.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #2

    Mar 2, 2007, 11:23 PM
    If the car was parked on the street and you hit the car parked on the street, it was not on private property, it would have been on the street,

    The point of impact is where the accident happened, so unless the car was parked on your yard, it was on the street and is considered that by law. ( at least where I was a police officer)

    Police officers are not forced to take a report or issue any tickets, and they can just do a report if they want.

    So it appears they gave you a ticket, So you appear in court and either plead guilty or not guilty. If you plead guilty, you pay a fine and that is the end of it.

    If you plead not guilty, you will have a hearing to prove it.
    mvass's Avatar
    mvass Posts: 3, Reputation: 1
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    #3

    Mar 3, 2007, 06:40 AM
    Thank you for the fast response.
    A friend told me that since the car was parked in the subdivision, and the entire subdivision is someone's property, it is considered a private property. That is why I asked about it. The police officer said that is clear whose fault it is and suggested just dealing with the insurance companies, but the other person insisted of going to court. I just wander what her intentions are, because it seemed to me that is much simpler to just get the insurance companies deal with it. It would not make any difference for me whether we go to court or not.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #4

    Mar 3, 2007, 08:07 AM
    If it had been completely on private property, the officer could not have even issued a ticket, since except for a few violations, they can't write tickets on private property.

    What happens, on a sub division is that the streets and water lines, and sewer lines become part of city right of way and the city takes them over, When the division is planned, the county and/or city have to approve all the plans before it is even divided, and that division includes roads, sewers and the such
    mvass's Avatar
    mvass Posts: 3, Reputation: 1
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    #5

    Mar 3, 2007, 11:52 AM
    Thank you for your help.

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