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Fr_Chuck · Oct 6, 2011, 06:50 PM

Please understand, that again, that real life is nothing like TV police shows, no they will not normally expect or suspect attacking with a car, esp if after the accident the other party did not attack the other person.

And the police report while it can be part of the civil issues is not always the defining factor. As noted manypeople will hire a private accident investigator to go over all the evidence and do a report.

A police officer often has to rush though a accident report, will need to get all statements made, all drawings done before the wreckers get there. Also each of the people in the accident are free to go in and ask to include a statement with the police report as to their side of the story. Many police officers if it is unclear who did what, just don't write any tickets, They just let each side tell their story in civil court over damages.

JudyKayTee · Oct 7, 2011, 07:58 AM

Originally Posted by Ronney

Guy's , she was driving home she was on the outskirts of town and was trying to double back in town to get help ! And by the way my daughter wasn't driving at 90 until the other girl came up on the side of her and tried to push her off the road, So stopping isn't always the answer and this was stated by the passenger in my daughters car. My daughter drives an Aveo, the other girl drives a /Grand AM ! Are you all really trying to tell me that she ( my daughter) did wrong by trying to stay away from her. And lets not forget the witness to all of this. There is nothing alleged about what I'm saying! Just so we have a clear understanding I have not asked my daughter to give me any details ... as I don't want people to think or assume that I'm twisting things ....!!The only people that I have gotten information from on this is what the police had and what my daughters 2 witness's have told me!

No, I'm trying to tell you that I actually work on the road investigating accident cases. I'm telling you what I do, what questions I ask, what I look for - and why.

It's all been said BUT who are the witnesses? In your daughter's car? You say she had a passenger but you also say witnesses, meaning more than one. Totally unknown to your daughter, unbiased, but came forward to give their versions of the accident? If they were in your daughter's car, no one had a cell phone? I would ask your daughter for the details, by the way.

And, again, I've investigated these accidents. The prudent thing to do when someone tries to push you off the road is to pull over. You don't drive 90 (especially, as you seem to think) if the other person has a faster car. You don't make a screaming U-turn.

I don't understand the part about payment of your daughter's medical bills - where is no fault in this? That's paid by HER company, not the other driver. If the other driver couldn't be found, it wouldn't matter. Her bills would be paid. Same with repairs to her car.

What were your daughter's injuries?

And, yes. I agree with FrChuck. Hire an investigator.

I also have read and re-read this thread. Where/how is there Police tampering? I can see that you believe the Police did not do their job, but where is the tampering involved?

Ronney · Oct 7, 2011, 11:35 AM

I am being told that we can salvage my daughters car. How is this legal if we intend on suing and I'm more that certain we will win our case, where my daughter could receive the cost of damages to repair it or replace it. I am unclear as to what our legal rights are with the damaged car and receiving any monies for it. I live in Wisconsin!
*As of now the damage estimate out weighs the car's resale value.

tickle · Oct 7, 2011, 12:35 PM

Originally Posted by Ronney

Guy's , she was driving home she was on the outskirts of town and was trying to double back in town to get help ! And by the way my daughter wasn't driving at 90 until the other girl came up on the side of her and tried to push her off the road, So stopping isn't always the answer and this was stated by the passenger in my daughters car. My daughter drives an Aveo, the other girl drives a /Grand AM ! Are you all really trying to tell me that she ( my daughter) did wrong by trying to stay away from her. And lets not forget the witness to all of this. There is nothing alleged about what I'm saying! Just so we have a clear understanding I have not asked my daughter to give me any details ... as I don't want people to think or assume that I'm twisting things ....!!The only people that I have gotten information from on this is what the police had and what my daughters 2 witness's have told me!

Ronney, what type of 'beef' did this other woman have with your daughter; you mentioned stalking and as far as I can understand, if this other woman was trying to push her off the road, she meant business, as in trying to kill her. Is your daughter expecting more trouble from this woman? I am wondering about some kind of restraining order, but you don't appear to know her name, other then she is military. If she is military, then this would mean serious trouble for her if the military ever found out about her escapades. You may take that into consideration. Is this woman in the Army and is stationed near your town?

I think you should ask your daughter to give you details just so you can do damage control in case something like this comes up again.

Tick

Ronney · Oct 7, 2011, 12:57 PM

tickle , My daughter just got back to town from college in AZ. She went out to meet up with friends and she gave a ride to one of the kid's she knew. Apparently from what the young man is telling me he has had to have this gal removed from his property many times.I do know what her name is know her very well and she is National Guard out of Hayward WI. I chose not to use her name here.

ScottGem · Oct 7, 2011, 01:20 PM

Originally Posted by Ronney

I chose not to use her name here.

We wouldn't let you even if you chose to.

I was also going to mention talking to her commander, but National Guard is different from regular military.

Originally Posted by Ronney

I am being told that we can salvage my daughters car. How is this legal if we intend on suing and I'm more that certain we will win our case, where my daughter could receive the cost of damages to repair it or replace it. I am unclear as to what our legal rights are with the damaged car and receiving any monies for it. I live in Wisconsin!
*As of now the damage estimate out weighs the car's resale value.

Who is telling you this? If you opt for repair rather than just getting a check for the book value, that doesn't affect, in the slightest any legal action you take against the other driver.

tickle · Oct 7, 2011, 01:48 PM

Originally Posted by Ronney

tickle , My daughter just got back to town from college in AZ. She went out to meet up with friends and she gave a ride to one of the kid's she knew. Apparently from what the young man is telling me he has had to have this gal removed from his property many times.I do know what her name is know her very well and she is National Guard out of Hayward WI. I chose not to use her name here.

We don't use any personal information here, nor do we ask for it. We discourage even e mail addresses.

JudyKayTee · Oct 7, 2011, 03:09 PM

AGAIN - what were your daughter's injuries and why is her insurance company not taking care of repairing her car?

I will disagree with my colleague, Scott (which almost never happens). If your daughter's story is somehow flawed and you/your daughter cause a problem with the other person's National Guard service you could end up getting sued.

How old is your daughter? If you mentioned her age, I missed it.

And my question about the witnesses?

I see the OP choosing which questions to answer and which not to answer which always raises red flags with me. Keep in mind, I do this for a living - I know when someone is avoiding answering.

Ronney · Oct 9, 2011, 07:51 AM

JudyKayTee: I'm not trying to hide anything! My daughter just turned 22 and only has liability coverage on her car! Also doesn't a passenger in my daughters car imply that person is also a witness. 1 witness was the passenger , 1 witness was an employee of an establishment here in town and that person has come forward and offered a statement related to the stalking prior to the so called accident. My daughters injuries were to the head and neck collar and ankle area on left side, her passenger has a chest contusion.And Yes I know my Daughters insurance will take care of her medical and her passengers , however this was done on purpose with intentions of hurting 1 if not both in my daughters car. The Girl should be made to pay for all damages and she should go to jail for a long time!!

ScottGem · Oct 9, 2011, 07:55 AM

Originally Posted by Ronney

JAlso doesn't a passenger in my daughters car imply that person is also a witness.

It also implies bias.

Have you gone to the prosecutor yet? That's the bottom line. We've given you all the advice we can unless you have new facts or questions. But your next move is to take this to the local prosecutor's office to press assault charges.

JudyKayTee · Oct 9, 2011, 07:57 AM

Originally Posted by Ronney

JudyKayTee: I'm not trying to hide anything !! My daughter just turned 22 and only has liability coverage on her car! Also doesn't a passenger in my daughters car imply that person is also a witness. 1 witness was the passenger , 1 witness was an employee of an establishment here in town and that person has come forward and offered a statement related to the stalking prior to the so called accident. My daughters injuries were to the head and neck collar and ankle area on left side, her passenger has a chest contusion.And Yes I know my Daughters insurance will take care of her medical and her passengers , however this was done on purpose with intentions of hurting 1 if not both in my daughters car. The Girl should be made to pay for all damages and she should go to jail for a long time !!!

If all of this had been clear to me I wouldn't have asked the queston(s) multiple times. No, witnesses doesn't "implicate" that one person was a passenger and the other person was an unrelated eye witness.

And, again, insurance doesn't require the other driver to pay all damages - that's what insurance is for.

And you are again confusing the criminal end (jail time) and the civil end (personal injury and damage to the car).

If your daughter has injuries which rise to the threshold she should be speaking to an Attorney - and the sooner the better. Let the Attorney play "let's make a deal" with the Defendant and see what he/she can do. Of course, the passenger has to sue your daughter and the other driver - she cannot only sue one for her injuries.

Speaking as an investigator a witness to "stalking" prior to the "so-called" accident (your quotes) is meaningless in the CIVIL end of things.

Hire an investigator, get some legwork done, then take that report to the DA. I suspect the Police are not going to listen to you. They may listen to your daughter.

Have you talked to her about the accident yet or just the witnesses and the Police?

And the cell phone question?

Ronney · Oct 9, 2011, 08:03 AM

ScottGem: This passenger of my daughters also has had to have this particular girl removed from his private property 2 or 3 times now in the last 2 months... she is clearly out of control. I am scaled to see the DA tomorrow and I intend on bring up her prior record. Hope her prior record won't be considered to be biased.
The other witness is a witness to her behavior just prior to the, again.. so called accident.

Ronney · Oct 9, 2011, 08:06 AM

Sorry I missed that 1... My daughter doesn't have a cell phone... Because I'm one of those parents that refuse to pay for it!. :)

Ronney · Oct 9, 2011, 08:09 AM

Oh and I do understand that I have 2 diff. things going on here being 1 civil 1 criminal.. I would like to see both pressued.

Ronney · Oct 9, 2011, 08:18 AM

The place that gave the estimate on the damages has told me I can salvage it !The trade in value of the car is only about 3000.00. The Damage was 6600.00. I would love to show these pic's they show perfect pit maneuver damage at about 60 miles per hr. It's hard to miss that it was done on purpose!

ScottGem · Oct 9, 2011, 10:02 AM

Stop trying to convince us you have a case. We aren't the ones you need to convince. We've already acknowledged there is enough to bring it to a prosecutor. So do it!

tickle · Oct 9, 2011, 11:37 AM

Originally Posted by Ronney

The place that gave the estimate on the damages has told me I can salvage it !The trade in value of the car is only bout 3000.00. The Damage was 6600.00. I would love to show these pic's they show perfect pit maneuver damage at bout 60 miles per hr. ! It's hard to miss that it was done on purpose!

What is 'pit maneuver' and how do you determine it was done at 60 miles per hr? Sorry, just curious.

Tick

JudyKayTee · Oct 9, 2011, 02:23 PM

I don't know but this is info I could certainly use in MY business. I have to call in experts.

Hopefully OP will come back and tell us how this all worked out.

I agree with the cell phone rule. I'm just surprised the passenger didn't have one, either. I won't pay for a cell phone but my stepkids leave the house they take mine in case of an emergency.

I'm a little confused where this is taking place. OP has an appointment with DA tomorrow - which is a US Federal holiday -?