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    coldplay22's Avatar
    coldplay22 Posts: 1, Reputation: 1
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    #1

    Jun 3, 2011, 03:44 PM
    I was involved in an auto accident with two pssenger, the other driver hit me
    I was involved an auto accident with two passenger, the other driver was at fault, and is now saying I did not have passengers in my car - help
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 3, 2011, 04:10 PM
    Quote Originally Posted by coldplay22 View Post
    I was involved an auto accident with two passenger, the other driver was at fault, and is now saying I did not have passengers in my car - help
    What does it matter? Were your passengers injured?

    Have you contacted your insurance company?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 3, 2011, 05:31 PM

    Were the police called? Is there a police report?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 4, 2011, 06:03 AM

    I'm a liability investigator.

    What? Are the passengers injured, are they witnesses, something else?

    I have worked accidents where a driver denied there were passengers. I have worked accidents where there were phantom passengers. What are the circumstances here?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #5

    Jun 6, 2011, 08:42 AM
    Your police report should list the number of persons involved in the accident, assuming the police were called. If they were not, you may have far bigger issues.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jun 6, 2011, 08:46 AM
    Quote Originally Posted by kcomissiong View Post
    Your police report should list the number of persons involved in the accident, assuming the the police were called. If they were not, you may have far bigger issues.

    Actually I run into this situation all the time. The Police (in NY) either don't know enough to ask who was in the car OR don't care enough OR only care about the drivers. I very often am contacting witness and involved parties only to determine who was driving, were there passengers, how many.

    I know - and I've had Police Officers tell me they are NOT accident investigators. They are there to enforce the law.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #7

    Jun 6, 2011, 08:52 AM
    Wow, that gives me lots of warm, fuzzy feelings of confidence. You learn something every day. Is it fair to assume that the passengers didn't report any injuries at the scene, or is that also something that may not be documented?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jun 6, 2011, 08:54 AM
    Quote Originally Posted by kcomissiong View Post
    Wow, that gives me lots of warm, fuzzy feelings of confidence. You learn something every day. Is it fair to assume that the passengers didn't report any injuries at the scene, or is that also something that may not be documented?

    Officer asks if anyone hurt, they say no, names aren't taken. I've also talked to Officers who have the names of passengers in their paperwork, never posted to Police Report.

    If the drivers are busy screaming at each other the Police become VERY disinterested and just want everyone out of there.

    I've also seen great Police Reports. I'm not slamming the Cops.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #9

    Jun 6, 2011, 09:07 AM

    I'm wondering why this is posted under Small Claims. Coldplay22 - are you attempting to sue the other driver for damage to your car and is the other driver claiming that you have no wittnesses to the accident? If so, all you need do is have your passengers with you to testify in small claims and you should be fine.
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