# When can you not be cited for causing an accident?



## 82bassman (Jun 21, 2006)

I just got the accident report from the accident that my wife was in last week and I am so mad right now that I cannot see straight. My wife was rear ended by another driver, she in our Mini Van the other driver in a Suburban. She has been off work for a week with injuries and will not return to work till next monday at the earliest.


My question to you all is: When would you, as a police officer, not cite the other driver for assured clear distance? In addition to that the other driver was not cited for failure to carry insurance on the Suburban she was driving. 


We have three appointments scheduled with attorneys to discuss Law Suit options so I am not seeking responses as to what to do next, unless you have used a local attorney you would highly recommend, please no Tiger. I am just curious if any others have had similar problems with Law enforcement. I am also not looking forward to suing my Insurance company as they are already giving me the run around.


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## Net (Apr 10, 2004)

Depends on where it happened. Was it on private property? e.g. mall parking lot, service road, etc.


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## imalt (Apr 17, 2008)

I have had the problem on private property a couple of times but if it was on a public road they should of been cited. Especially if they didn't have insurance either.


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## Iowa Dave (Sep 27, 2009)

Do you have an uninsured motorist rider on your policy? If so then you should have no issues. Yes talk with a good lawyer and let them handle it. If your insurance company is not being helpful as you say then they deserve what they get. Not all insurance companies are on the up and up. If this insurance co takes advantage of you in the end at some point it would be good for you to let us all know the identity of that company. 

Good luck in this and most of all a speedy recovery to your wife!


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## UFM82 (Apr 6, 2004)

If the accident occurred on private property the police cannot cite. Just like you don't need a license to fish in a private pond; wildlife laws don't apply. You can sue the person who hit your wife and you can sue the insurance company if they are not fulfilling their obligation to you. But the police have nothing for you.


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## sherman51 (Apr 12, 2011)

i was rear ended in florida and the lady cop said she had to give the guy a ticket for not paying attension to what he was doing. i was making a left hand turn into a bait shop and he totaled my boat. he said he was putting his cig ashes in the ash tray and looked up to late.

if you have uninsured motorest it should cover you for everything and then the insuarence company will sue the other driver. you shouldnt have to do anything.

but they should have been cited for not having insurance. here in indiana if you have a wreck you have to send a form to the state showing you had ins. or they will suspend your drivers license. my son hit a post in wall marts parking lot with my truck, and didnt call the police. so i made him go to the ins company and report the wreck. they fixed my truck, but because he doesnt have ins with them they didnt file the paper with the state that he had ins at the time of the wreck, even tho the truck was insured, they suspended his license.

so if ohio laws are anything like indiana they may still suspend his drivers license. lets hope so anyway. nobody should be driving without ins on whatever they are driving.
sherman


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## Salmonid (Apr 14, 2004)

My 1 accident in 25 years of driving happened when going through a blind intersection at 40-45 MPH, light was green. at last second a Firetruck ( lights on) pulled up to cross intersection and lady in front of me locks up the car and I managed to barely hit her. I was surely at fault but the fact she locked up her car in the middle of a green light intesection allowed me to not get cited but was deemed "at fault" because I rearended her,. This was in Dayton about 10 years ago. 
Cop was cool and the lady I hit went into the "Oh my god Im gonna die" ruitine when all I did was crack her rear bumper. Cop ended up having to retrain her in the back of his car from the "over acting" he( cop) later called my insurance guy and warned him about all her over complaining which was cool. 


Salmonid


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## Fishfinaddict (Sep 18, 2012)

I rear ended a lady who cut over in traffic one time. As the lady entered my lane traffic ahead of her stopped and I hit her in the rear quarter panel. I told the officer the lady jumped over with no signal and I had not time to stop. I would have had ample stopping time had her car not been there. The police officer cited the other driver for switching lanes with no signal and failure to yield to oncoming traffic. I was not at fault and for once the police officer was on my side


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## Mr. A (Apr 23, 2012)

All I will say is fight the ticket to the bitter end. If you pay it the insurance companies see that as accepting fault. I'm an investigator so please don't think this is an odd question but.... can you go to the place it happened and see if any local businesses had cameras that would have taped it?

If so jump on it. Most places loop their security footage. Some every couple days, most are every 30 days. Large companies and banks usually keep it for quite a while.

Point is, if you can get it on tape you have your proof. Just make sure that you want the tape because it will tell the truth and you won't be able to argue otherwise....

If you want help on what to look for or how to request the tape PM me and I'd be happy to help.

A

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## 82bassman (Jun 21, 2006)

I guess I should have mentioned that she was stopped for a red light on a public roadway. According to the Police they did not cite her because she claimed brake failure. A firefighter checked the pedal and told the officer on scene that it went to the floor so it was not her fault. I would guess that everyone can imagine the difference in the ride height of a Suburban to a Mini Van. If her brakes failed then why did her front bumper slam my vans rear bumper. This type of impact is an indication of the front end nose diving with sudden hard braking at the last second due to inattentive driving or being distracted by her cell phone or one of the three children, under age 5, in the truck. I hit the brakes hard when I tried to stop from hitting a dog and it blew out the brake line on my 73 Buick. It was only when I went to move my car and use my brakes that I noticed the pedal went all the way to the floor. The insurance is a total mess. I have uninsured but they are telling me it only covers medical expenses. Mr A I will PM you.


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## imalt (Apr 17, 2008)

Brake failure or not she didn't have insurance so I don't understand why she wasn't cited. That is a good idea with the surveillance cameras hopefully it all works out in the end. This is what sucks about insurance you never find out how crappy your policy is until you need it.


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## robertj298 (Feb 23, 2009)

Mr. A said:


> All I will say is fight the ticket to the bitter end. If you pay it the insurance companies see that as accepting fault. I'm an investigator so please don't think this is an odd question but.... can you go to the place it happened and see if any local businesses had cameras that would have taped it?
> 
> If so jump on it. Most places loop their security footage. Some every couple days, most are every 30 days. Large companies and banks usually keep it for quite a while.
> 
> ...


I don't believe he said his wife got a ticket


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## 82bassman (Jun 21, 2006)

Things just keep getting better. Talked to the Police and found out that they do not cite anyone for not having insurance. So why do they ask us for proof when they pull us over? They can't cite us so why carry proof? Better yet why even have it. This woman and her mom, that owns the uninsured truck, get off scott free. No citations, no fines, no court costs no accountability, no justice for those of us that pay for insurance. Talked to two Attorneys and they basically told me good luck you're on your own. Because I have to sue my own insurance company they want no part of it. They do not believe there is any money to be had from the defendants either since they would most likely have insurance if they could afford it. "Can't get blood from a turnip". I can sue them myself but even winning a judgement does not mean that I will recover anything from them.


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## imalt (Apr 17, 2008)

So it's not against the law to not have insurance or they only give tickets to those that can afford to pay them. You are getting screwed so your only choice is to sue your own insurance company and then ofcourse find a new insurance company when they drop you. You should sue the police for failure to perform their job. This is why I will never support a police levy the police are a joke. All they want to do is give out speeding tickets not prevent crime.


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## Angler ss (May 15, 2008)

I think insurance law is from the state if a city gives a ticket to the women for no insurance the money from the ticket would go to the state so local cops don't like to do the work for the state.


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## Scum_Frog (Apr 3, 2009)

My jaw kept on dropping further and further while reading these posts and stories.....Horrid! LoL! BassMan...where abouts did the accident occur?? City wise that is? Also I would definitely call sheriff's office or state hwy patrol and ask what the policy is for driving.....proof of insurance....etc etc...you may even need to call the state to get the exact law....once that comes into play and the truth is revealed....insurance gets the hammer and so does the police. I would take no letting up on this one. Hope your feel has a full and speedy recovery!


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## 82bassman (Jun 21, 2006)

My blood pressure is about to go through the roof. The Sgt. that I talked to was a total _______. The impression he gave me was how dare I question his authority and decision to not cite the other driver. He said that she was not criminally at fault and it was now time for my insurance company to get off their butts and sue her civilly. It did not matter to him that her damage was on her bumper and my damage was also on the bumper, or that there is 8-12 inches difference in ride height. He said there was no proof that she applied her brakes at the last second. He said she stated that she attempted to brake several times prior to hitting my wife. Why would she lie? I bet he still believes in Santa Clause and the Easter Bunny as well. According to my wife the biggest problem was that the other driver was a "21 year old hot chick". I just found out from my wife that everyone went to the other car and only when the paramedics arrived did anyone come check on her. 

I need to find out where I can get the video of the intersection so that I can see what really happened. I would think that with all the technology that we have with the cameras and red light ticket system, they would be able access the film on their laptops at the scene of the accident. I am now writing letters to my Congressman and Senator about this incident. Surely there is someway to change the law to hold uninsured motorist more responsible for their actions. The way it is currently the woman driving will not even lose her license since the uninsured vehicle was not hers. Her mom, owner of the truck will not have anything happen to her since she was not driving and was not at fault.


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## James F (Jul 2, 2005)

This is common occurrence with any insurance,even Workers Comp.I am getting the same type of run around from both my employer and the state. got the same reply from attorney Good Luck!! Hope things go well for you.I don't have the money for a lawyer and they know this.


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## Gills63 (Mar 29, 2012)

People don't get cited for not having insurance. Its an administrative thing. The officer checks the no insurance box or fills in no insurance provided in the crash report. This is forwarded to the court and the BMV for administrative licnese suspension.

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## Burks (Jun 22, 2011)

The whole brake failure thing sounds fishy. If the pads were very low, then the pedal can travel a large distance to finally make contact with the rotor. There is a huge difference between failure of the brake system and failure to maintain your car (read: driving an unsafe vehicle).

At least you know who hit your property. I've had a car totaled and another with $5k+ worth of damage.......neither covered by my insurance because I couldn't "prove" who/what hit my parked car.


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## big red (Feb 4, 2010)

if they let this so-called 21yr old uninsured hot chick leave the accident with a vehicle that was deemed to have a brake failure.her vehicle should have been towed from the scene.the only failure was the loose screw between the seat and steering wheel,then they sent a nut driver the repair it.

send a letter to the editor of the local newspaper where it happened and explain your problem and see what type of response you may get from the elected officals.they may want ot solve this quickly since it is an election year.


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## viper1 (Apr 13, 2004)

Been there and been thru it. Hurt my back and couldn't get help so I ended up using my health insurance and paid or my own damage. Then the guy turned around and tried to file a civil lawsuit for his injuries. On a main highway full view, he hit us at 60 mph and not one attempt to brake and no insurance. Ended up in court for two years and cost me a fortune and the judge finally threw it out. With a comment should never of got this far. But no compensation for any thing. And he used an attorney from the court so no bill for him. 
I seriously lost it and for a time my wife was really worried to what I would do(for good reason) But glad I got my head together it may have cost me time. 
I ended up! 
Paying big bucks to lawyers, permanent injuries to me and the wife, A totaled car, insurance paid all but copay then raised my rates ,loss of work for me and the wife enough to drive a guy to dangerous things if he let it. Sorry for your loss but the law is sometimes a fickle thing.


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## Wow (May 17, 2010)

Insurance is a racket! A scam, really. It's like gambling.
When you pay your premium, you are betting that you will have an accident.
If you do, and they pay you, you win the bet.
When you pay your premiums for years, without an accident, they win.
When they deny you coverage for any number of BS reasons, written in the fine print, in legalese, the system is rigged in their favor. The "House" always wins in the long run. I'm sorry for your trouble, buddy.--Tim


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## Snakecharmer (Apr 9, 2008)

I'd go after the ladies surburban and also check the county record to see if her mother owns a house or anything.


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## Mr. A (Apr 23, 2012)

robertj298 said:


> I don't believe he said his wife got a ticket


Sorry about that. I personally would be irate enough to go to court and be heard if possible. If not, go to the prosecutor's office and press charges for assault. Then really put a burr under the police saddle and file a formal coplaint on the officer for derrilection of duty and using his position of authority to advance his relations with the other driver. May not be much on the surface but the cop should have known better and the girl too, f'em, protect yourself and keep screaming till they listen.

A

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## Mr. A (Apr 23, 2012)

viper1 said:


> Been there and been thru it. Hurt my back and couldn't get help so I ended up using my health insurance and paid or my own damage. Then the guy turned around and tried to file a civil lawsuit for his injuries. On a main highway full view, he hit us at 60 mph and not one attempt to brake and no insurance. Ended up in court for two years and cost me a fortune and the judge finally threw it out. With a comment should never of got this far. But no compensation for any thing. And he used an attorney from the court so no bill for him.
> I seriously lost it and for a time my wife was really worried to what I would do(for good reason) But glad I got my head together it may have cost me time.
> I ended up!
> Paying big bucks to lawyers, permanent injuries to me and the wife, A totaled car, insurance paid all but copay then raised my rates ,loss of work for me and the wife enough to drive a guy to dangerous things if he let it. Sorry for your loss but the law is sometimes a fickle thing.


 He sued you civilly? He payed for the attorney then because you do not have a right to an attorney in civil matters. If the attorney was appointed then call the attorney generals office and report that because it is ILLEGAL!

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## Iowa Dave (Sep 27, 2009)

Here is what I found on Google about Ohio's minimum requirements for auto insurance. 

In Ohio, it is illegal to drive any motor vehicle without insurance or other proof of financial
responsibility (FR). It is also illegal for any motor vehicle owner to allow another person
to drive the owner&#8217;s vehicle without FR proof. To comply with Ohio&#8217;s FR requirements,
individuals must maintain insurance or get a bond. Both types of coverage are described
on this tip sheet.

That cop is dead to rights WRONG!!!!

http://www.insurance.ohio.gov/newsroom/tips/documents/minrequirements.pdf


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## Net (Apr 10, 2004)

Gills63 said:


> People don't get cited for not having insurance. Its an administrative thing. The officer checks the no insurance box or fills in no insurance provided in the crash report. This is forwarded to the court and the BMV for administrative licnese suspension.


Correct. The young lady's license will automatically be suspended by law for not having insurance. If she's caught driving under suspension then she'll get cited.


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## ejsell (May 3, 2012)

I got rear ended a few weeks ago by an uninsured driver. A Deputy from th S.O. responded and gave him a citation for assured clear distance and a court date. I don't know if he got cited for no insurance but the deputy laid into him about it and told him if he did't show for court a warrant would be put out for his arrest. My insurance covered everything except the deductible, gave us some money for pain and suffering and told us they were suing him to collect their losses and to get us back our deductible.


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## flounder (May 15, 2004)

This sucks for sure. When you do talk with an attorney ask him if they can get their hands on the other driver's cell phone record to look for time of texts, calls, usage etc. May be something there for distracted driving. Good luck to you!


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## 82bassman (Jun 21, 2006)

I just learned that the cameras around town are live feed only so no way to get a copy. As for the red light camera it only gets the north bound traffic and only when a car approaches a red light at a specific speed. So it will not have anything on camera for my wife's accident , east bound lane. I was also told that the company that installed the cameras own the rights to any video so I may not even be able to get a copy. No one has ever requested it before.


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## sherman51 (Apr 12, 2011)

there was one time my truck and car were both setting in front of my house. i came out one morning and found somebody had hit both of them. i tried to turn it in on my uninsured motorest, but i was told i couldnt do that because i couldnt prove they didnt have ins. so i had to turn 2 wrecks in on my ins to get them fixed. i had to pay the deductable on both my car and truck, plus my rates went up. i have never had a problem getting my ins to pay, but in cases like this it ended up me paying higher rates untill they got there money back. i feel your pain that your ins isnt doing there job.

i would keep pushing this. the other person should lose there license and should have to get a release from you or your ins company before they can get them back.

and if you have uninsured motorest rider on your policy that is what you pay that for. they are sopposed to cover you and your car if you get hit by an uninsured driver. if not then your collision should cover everything but your deductable. i just had a friend driving my truck and he got into it with a guy over a parking spot he was parked in. the guy pulls out a gun and shoots him through the back door window and busts it and cracks my windshield. my ins covered everything including cleaning up the broken glass and cleaning the blood off the front seat. i did have to pay my deductable tho. they even covered the tow bill where the cops had the truck towed in because it was a crime scene. which was 195.00 tow bill, they even charged me 40.00 of that for storage for 1 day. and i got it out the same day they towed it in. the tow company was the crooks here,LOL.
sherman


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## spikeg79 (Jun 11, 2012)

82bassman said:


> Things just keep getting better. Talked to the Police and found out that they do not cite anyone for not having insurance. So why do they ask us for proof when they pull us over? They can't cite us so why carry proof? Better yet why even have it. This woman and her mom, that owns the uninsured truck, get off scott free. No citations, no fines, no court costs no accountability, no justice for those of us that pay for insurance. Talked to two Attorneys and they basically told me good luck you're on your own. Because I have to sue my own insurance company they want no part of it. They do not believe there is any money to be had from the defendants either since they would most likely have insurance if they could afford it. "Can't get blood from a turnip". I can sue them myself but even winning a judgement does not mean that I will recover anything from them.


Well that's interesting  I was in an accident in '97, these college kids were lost and the driver had his left turn signal on then all of the sudden he turned right and I was already next to him so the right rearend of the van he was driving hit the left front fender of my car and forced me off the road and almost into a pole. Luckily a witness stayed there till the policeman finally showed up from the local donut hole, not joking the cop had a jelly donut stain on his shirt , and told him that the van was going to turn left then turned right into me. The cop told me I was lucky I had a witness otherwise I would have been cited  . He ended up citing the driver for failure to something and no insurance, he ended up with a suspended license in the court.

Hope things work out for you. If your insurance company is giving you the run around maybe it's time to change companies.



Watch out for the scammers, my brother in law recently got into an accident and they took his insurance company to the cleaners and he's now paying for it. There was hardly any damage to either vehicle yet their suv needed towed and the lady all the sudden had major back pain and needed to be medivac to a hospital  . The only damage to my brother in laws car was a dent the size of my shoe, he got cited because he was pulling out and traffic wasn't clear; a truck driver waved him out so he went as he couldn't see past the semi and the lady in the suv slowly made her way past the semi and hit my brother in law. She was going so slow that her airbag didn't even go off.


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## Scum_Frog (Apr 3, 2009)

Thats definitely a good idea if the lady drove away or did the vehicle need towed? I would also try getting ahold of what body shop has her suburban and see if the brakes are bad or the pads are just low and the brakes need replaced since shes dumb and didnt maintain the vehicles mechanical responsibilities!


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## brian g (Jul 6, 2011)

Just because she was not cited doesnt mean she wasnt at fault. Insurance companies will pay a claimant on behalf of their insured based on the circumstances of the accident, pretty much go by what the incident report states. Now, since she does not have insurance, if you HAVE collision coverage, your vehicle can be repaired by filing a claim with your ins company. If you DONT have collision, you SHOULD have a coverage called UMPD (uninsured motorist property damage). This will pay up to $7500 to get your veh fixed. Regarding your wifes bodily injury, your uninsured motorist bodily injury (UMBI) will cover, up to the limits of your policy, for medical bills, loss of wages, etc. It will NOT, however, cover "pain and suffering". So, I would suggest calling your agent and discuss this with him/her.


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## Wow (May 17, 2010)

spikeg79 said:


> Luckily a witness stayed there till the policeman finally showed up from the local donut hole, not joking the cop had a jelly donut stain on his shirt ,


I aspirated my brandy, thanks spikeg79, I needed a good laugh! --Tim


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## Had a Bite (Apr 15, 2012)

I might have missed it somewhere, so sorry if I did. But, was there a gas station or any business near the intersection? If so you could have those cameras checked to see if they saw anything. I work for an insurance co and have had some success with that in the past. That might help you if you take her to court. I know someone will reply negative towards me for working there but hey, my family has to eat. Brian g is right about your coverage's so if you don't have UMPD or collision your probably and unfortunately screwed when it comes to your damages. 

Some states like Louisiana have a pay to play law which it great. If you don't have insurance and you are hit by someone with insurance they still don't cover the damages because they themselves did not have insurance. Wish they had that in Ohio. 

As for being cited, its pretty much up to the police. It really doesn't effect a claim its up to the adjuster to make the call. This seems clear cut that the person that hit your wife was at fault but most of the time the officer listens to the involved parties and makes a decision and leaves. 


You can also contact the Department of Insurance. They will make your insurance company turn all files over to them to review to ensure that your claim was handled properly. But don't expect anything to change, they would basically have to deny your claim and pay nothing for no reason at all for anything to happen to them. Even then its hard to say what would happen.

Good luck, hope your wife gets better.


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## stodd (Jun 21, 2010)

Net said:


> Correct. The young lady's license will automatically be suspended by law for not having insurance. If she's caught driving under suspension then she'll get cited.


She will get a letter telling that her license will be suspended on a certain date (usually 30 days from the date of the incident) if she does not provide proof of insurance by the stated date. Been there...done that. I still have the letter as a souvenir. Dang it...I was so busy trying help the people at the scene of my accident that I forgot my insurance company's Android app allows me to show proof of insurance.

Come to think of it...that guy still has my bungee cords. I popped open the floor hatch of my crossover's cargo area looking for bungees for his bumper, he saw my vehicle EDC and said "Wow! You are prepared!"

I shook my head and asked "Then why did I hit you?"


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## jboss (Mar 31, 2008)

http://www.bmv.ohio.gov/fr_laws.stm


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## JimmyZ (May 18, 2004)

I had an old '78 thunderbird and the master cylinder went bad and the brakes would lock up finally when the brake pedal got all the way to the floor. Not saying that 's the problem but anythings possible. Still don't see how she wasnt cited. Hardly was your wife's fault the other driver couldn't stop. 

Our whole legal system is a joke. Mostly the laws. Not cops. I wouldn't want their job. But cases like this drive me nuts.


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## Stripers4Life (May 2, 2007)

82bassman said:


> Things just keep getting better. Talked to the Police and found out that they do not cite anyone for not having insurance. So why do they ask us for proof when they pull us over? They can't cite us so why carry proof? Better yet why even have it. This woman and her mom, that owns the uninsured truck, get off scott free. No citations, no fines, no court costs no accountability, no justice for those of us that pay for insurance. Talked to two Attorneys and they basically told me good luck you're on your own. Because I have to sue my own insurance company they want no part of it. They do not believe there is any money to be had from the defendants either since they would most likely have insurance if they could afford it. "Can't get blood from a turnip". I can sue them myself but even winning a judgement does not mean that I will recover anything from them.


Interesting, about 5 years ago I got a speeding ticket in my friends truck. It was a routine stop, 45 in a 35. So I paid my fine and thought it was over and done with. Well about 4 months later I was picking up my mail from an old roomate, I had moved about 2 months after the stop. There was a letter saying that my license had been suspended for driving without insurance. I thought what the hell, I paid the ticket and they didn't say anything about this? so I began calling around, apparently my friend had missed his payment and the truck was indeed uninsured at the time. My car at the time had full coverage but was at the shop. It didn't do me any good that I had full coverage on my car. So I had a full year suspension and had to carry an sr22 for another 2 years, I was so pissed.


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## ostbucks98 (Apr 14, 2004)

well it sounds to me like u only have liability insurance and thats the reason they are not paying out...if u had full coverage it doesnt matter who was at fault they fix it then either sue other insurance company or raise your rates...not having insurance doesnt have anything to do with determining fault of an accident...on a side note unless the officer witnessed the accident its he said she said without witnesses. Unless its a state trooper who is gonna do a full crash investigation locals are gonna just keep it simple as possible.


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## Taco (Jan 4, 2009)

Wow said:


> Insurance is a racket! A scam, really. It's like gambling.
> When you pay your premium, you are betting that you will have an accident.
> If you do, and they pay you, you win the bet.
> When you pay your premiums for years, without an accident, they win.
> ...


I'd hardly consider insurance a racket or scam. It is exactly what it says it is, protection for what you choose to protect and to what extent. Insurance companies are rated just as any number of other industries, finding rating from reputable sources is pretty easy these days. If you buy cut rate minimum insurance you should expect cut rate minimum service and protection. Further, it's always you're responsibility to read the fine print, and if you don't like what it says then buy your policy from a different company.

Don't forget insurance companies are businesses, they're entitled to a profit, and have laws they must follow. Nothing is rigged but you should always keep that in mind when shopping. Interestingly, you say your gambling when you buy insurance...I'd say its just he opposite, that your gambling when you don't. Not saying this is the case here but often when it comes to insurance people want to get bailed out but they never bought the get out a jail free card. I'm protected to the hilt and it costs me a lot to do it each year but I had an accident last year (my fault and I was ticketed) and all it cost me was my deductible...had a "free" rental car and everything. You get what you pay for with these businesses.


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## Deerehunter03 (Sep 7, 2006)

ORC 4511.21 Speed limits - assured clear distance.


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## buckeyebowman (Feb 24, 2012)

I had a situation like this some years back. Got smacked in the butt by some doofus kid. When the cop came to take the report he told the kid, "Hey, you smack someone in the ass, it's a no brainer. You're getting cited." 

So, OK. I get all the info and call the insurance agent for the kid. Turns out the kid was driving his older brother's car, and the insurance didn't cover him. I freaked! I was screaming at his agent, "I can't believe such a policy is legal to sell in this State, and if it is, what business does this guy have lending someone his car knowing they won't be covered?" 

After cooling down I called my insurance agent. I have Erie Insurance, and the agent told me to calm down and they would take care of everything. They sent an adjustor out, fixed my truck, and then they sicced their lawyers on the guy that owned the car that hit me. Turns out he had a CDL and made his living driving truck. They threatened to haul him into court and get his CDL suspended. He payed up pronto! As the adjustor told me when he was here, "Erie Insurance *really* doesn't like uninsured drivers!"

So, call your car insurance agent first and see what they might do for you. If they don't want to do anything, then go for a lawyer. Then go for a different insurance company. Let the folks with the muscle fight for you.


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## mike003 (Sep 8, 2007)

I did a few thousand crash reports before I retired. Don't want to write a book here, so:
A)Someone is usually cited, but it's not mandatory.
B) There's a block on the crash report for Unit at fault, whether they were cited or not.
C) Insurance companies don't pay based on a ticket. They do their own invest.
D) Police can't cite for no insurance, it's handled by the BMV.
And finally. There are some violations that can be written on private property.


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## rwandover (Mar 23, 2013)

Well... definitely don't ask a trucker because most of the time we are always at fault no matter what.


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## lordofthepunks (Feb 24, 2009)

rwandover said:


> Well... definitely don't ask a trucker because most of the time we are always at fault no matter what.


if I had a dollar for every trucker that nearly ran me off the road because he just didn't give a ****, I would be retiring tomorrow..

in fact,,, it happened 3 times in the past week... I told my wife that im just going to start letting them hit me, since they don't care, and its not my vehicle, why should I care if the side of a work truck gets ripped up...


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## Thor (May 3, 2012)

A novel idea, until you consider the sheer size and mass of said 18 wheeler, as compared to your lowly 4 wheels and own accompanied mass. I would probably be as rich as you would be, yes, but I probably would not be alive to be such a smartass  The roads are full of inattentive and idiot drivers (Ive been hit by 2 women on cell phones), goodluck and be safe out there !




lordofthepunks said:


> if I had a dollar for every trucker that nearly ran me off the road because he just didn't give a ****, I would be retiring tomorrow..
> 
> in fact,,, it happened 3 times in the past week... I told my wife that im just going to start letting them hit me, since they don't care, and its not my vehicle, why should I care if the side of a work truck gets ripped up...


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## Shortdrift (Apr 5, 2004)

Save yourself all the aggravation and frustration of being Perry Mason. Get yourself a good legal firm and turn it over to them. I recently won a lawsuit that took almost two years to settle and it hardly required any of my time.
I worked with a "Fire Breathing Dragon" from a firm that specialized in my type claim.


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## Matt Hougan (Aug 19, 2008)

Was a cop for 12 years....

ACDA (Assured clear distance ahead) should be written in every accident, period. having said that it shouldn't matter to you whether another driver was cited or not. You'r OH-1 (crash report) should have the other driver listed as unit#1, or the at fault driver. Thats all your insurance company needs to see. The insurance company doesnt care if they got a ticket or not, and frankly neither should you. All you want is your car fixed and any hospital bills taken care of. A traffic ticket does neither. Secondly, cops ask for insuarance because one it's a box they have to fill out on the OH-1 and it's a box that gets filled out on a traffic ticket. Not having insurance is a civil matter that traffic courts deal with, not the cops. Cops simply make a note (fill in the box) on the crash report. In this case if the driver was not cited for ACDA then there will be no traffic court. However, Ohio BMV will see on the OH1 that this river did not have insurance and will have to deal with BMV directly.

either way as long as the crash report lists the other driver as the "at fault driver" you are entitled to medical and repair expenses.

Anything else?


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## James F (Jul 2, 2005)

Yes it is viscous out there on the road.and being involved in an accident can be very confusing.Not every one knows exactly what to dnce the law arrives most of us expect them to do the right thing,Making the correct choices/decisions after all we assume that is their job.My insurance agent has sent pamphlets about being prepared along with a list to be kept in the vehicle in such a case Numbered by priority from 1, through however many steps involved.Went over this with the wife so she would be aware of documenting the incident or accident. And I do agree with having Big Gun Lawyers on your side.
I once was hit by a guy a motor cycle,He was injured and I was cited.By the police who said only because he was injured and he claimed I hit him!He was cutting the corner to park on his front yard,skid marks proved that after I paid the fine.I had Ins. He didn't,Lie upon lies went on.The State sent a certified letter telling me to surrender my license and plates. Lawyer said I should send only my license and that He had two years to take me to court.I waited for two years and heard nothing from Him or the State,or courts .Went and had to start all over again.That sucked! Sorry for the Rant but these situations can try once patience.


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## 9Left (Jun 23, 2012)

man, that sucks that she wasnt cited, i hope it gets resolved...similair story of getting screwed over though....years ago i was involved in an accident with a school bus....I was driving down a two lane road at 40mph(the posted limit)...i saw the intersection well ahead of me, i had no stop sign, the crossing road did have one, i saw the bus,STOPPED at the stop sign as i approached, again, i had no stop sign and the right of way.I even saw the bus driver LOOK at me, as i came within about 20 or so feet of the intersction, the bus driver just plain pulls iout RIGHT in front of me! All i could do was say OH s---!. I hit the bus broadside, my car went underneath it, up to the my windshield..The friggin bus driver PROCEEDS to keep driving, dragging my car another 50 yards or so till he finally stopped! #1..thank god there wer no kids on that bus,#2, i was OK but they had to use mechanical jaws to get me outta my car... Anyway , after an exhausting amount of phonecalls later, and going after the school, the city(they own the bus)...the final answer was that the CITY claims "soveriegn immunity"..and is only responsible for the deductible on my car..i had to have a lawyer personnally go after the driver to get things taken care of...a year later!


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## ranger373v (Oct 26, 2012)

JUST A FYI lol after reading all this heres a little info..DONT WAVE TRAFFIC ON... in ohio if you waive some one on..and they get in to an accident your liable for directing traffic...found that out when my brother got hit... he was on a motorcycle, 1 guy was in the turn lane in the center, one guy stopped short and waived him on, the guy in the center turned right in front of my brother.


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## hang_loose (Apr 2, 2008)

Iowa Dave said:


> Here is what I found on Google about Ohio's minimum requirements for auto insurance.
> 
> In Ohio, it is illegal to drive any motor vehicle without insurance or other proof of financial
> responsibility (FR). It is also illegal for any motor vehicle owner to allow another person
> ...


Thanks Iowa Dave.... Great info. This has nothing to do with the thread but your whole state does know their wrestling


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## hang_loose (Apr 2, 2008)

Good point also ranger. I do that all the time.


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## Lowell H Turner (Feb 22, 2011)

Potentially you might not be cited if you do not survive it. Guilty or not you can still be held at fault for an accident; it`s simply if you are deceased you`re not likely to do any jail or community service time...or jury duty come to think about it.


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## glasseyes (Jan 28, 2012)

Matt Hougan said:


> Was a cop for 12 years....
> 
> ACDA (Assured clear distance ahead) should be written in every accident, period. having said that it shouldn't matter to you whether another driver was cited or not. You'r OH-1 (crash report) should have the other driver listed as unit#1, or the at fault driver. Thats all your insurance company needs to see. *The insurance company doesnt care if they got a ticket or not, and frankly neither should you. All you want is your car fixed and any hospital bills taken care of. A traffic ticket does neither. Secondly, cops ask *for insuarance because one it's a box they have to fill out on the OH-1 and it's a box that gets filled out on a traffic ticket. Not having insurance is a civil matter that traffic courts deal with, not the cops. Cops simply make a note (fill in the box) on the crash report. In this case if the driver was not cited for ACDA then there will be no traffic court. However, Ohio BMV will see on the OH1 that this river did not have insurance and will have to deal with BMV directly.
> 
> ...


 Well it would matter to me, why shouldn't I want to see the law upheld and if the guy or gal deserves a ticket then yes I want to see them get one. There are just to many things in our justice system that are like this, and you say it shouldn't matter to me if the bad guy has to pay for the crime ? Sorry I disagree very strongly.


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## Lowell H Turner (Feb 22, 2011)

Agreed. If "it doesn`t matter" WHY have "laws" at all?


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## rizzman (Oct 25, 2007)

Gills63 said:


> People don't get cited for not having insurance. Its an administrative thing. The officer checks the no insurance box or fills in no insurance provided in the crash report. This is forwarded to the court and the BMV for administrative licnese suspension.
> 
> Outdoor Hub mobile, the outdoor information engine


 This is 100% correct, it is officer discretion to issue a citation. In a crash as described should this young lady have been cited? YES. Although it will have no impact on the outcome.


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## ohiobuckhunter (Aug 30, 2012)

Everything sucks and the honest person is always screwed...
I choose to believe otherwise, but understand how one can feel this way. 

My sister was hit by an uninsured motorist and ended up on her roof with nasty scars to her arm, shoulder and back. End of day - she was able to physically recover, got her car repaired - local agent really sucked as mine would have "worked" to total loss the vehicle and she now gets to carry around scars from the incident for many years to come. She wasn't able to pursue the driver in Civil court due to citizenship and locating him...not that it would have mattered as he probably didn't have any funds anyway. She could have sued the owner of the car, but same story - no money or assets. 
I know you all don't want to hear this, but life and surviving accidents is more important that any monetary gain or windfall you may want or expect. 

My pregnant wife was rear ended about 4 months ago. I didn't care if the other person got a ticket all I did was get out of my tree stand and head to the hospital (I forced her to go due to the pregnancy). My vehicle was repaired and I'm working to settle the medical claims with the other drivers ins company only after my son is born. I'm not looking to make money or screw the other driver - I'm just happy to see my wife and look forward to seeing my son. 

Perspective my friends. Look to the positive, let the media point out the negative on the 11 o'clock news! A man can really get depressed thinking about all of the time he "loses and can't get ahead for trying". 

Sorry about the BS and hope all has turned out OK. Please update on your experience and the final outcome. 


Posted using Outdoor Hub Campfire


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## viper1 (Apr 13, 2004)

Ohio's insurance law is a laugh. I have seen people i know cited, gone to court and walk away over and over, Never asked for proof of insurance. Simply they had none. How do i know they come out laughing and saying told you they don't care. I even got involved and pointed it out only to have a cop tell me mind my own business in a roundabout way of course.


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## James F (Jul 2, 2005)

I have been in the Court Room and witnessed first hand several people Walk on the no Ins.My son went to traffic court, And when the Judge gave him a $25.00 fine I thought well this is cheap! WRONG! Court cost was $256.00 . The only reason He had to appear was No proof of Ins. in the vehicle.He forgot to turn on his headlights and was cited for that.


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## Lowell H Turner (Feb 22, 2011)

Know of at least 1 case of an individual who after many OVI/ DUIs lost his driver`s license but continued to drive and drink while doing it. He caused more than 1 fender bender, hitting parked cars, ect while keeping his battered rent a wreck barely drivable under his brother`s name. He DID go to jail on a seemingly regular basis, but upon release, was soon back somewhat upon the berm of the road, non chalantly running over multiple neighborhood mail boxes or fence lines then slowly drifting left of center to check out any possible interesting things to drive thru and/ or over on that side of the road. Alas (or gratefully, depending upon your point of view) upon running into a ditch, he was found away from his merrily burning car. He told the Sherriff someone had tried to "run him off the left side of the road", then, when he lost control, went into the ditch breaking the windshield with his head, the (deleted) individuals drug him from his beloved refugee from the scrap heap, TOOK HIS REMAINING BEER, and TORCHED "his" ride. He actually tried to file a theft report about the stolen beer while he was staggering drunk; the Deputy did take him to jail; doubt he bothered with the beer theft report...


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## Canoerower (Jun 28, 2011)

Was told by a cop one time everyone gets cited anymore. Only person who doesn't is the victim. Just like sliding off the road when it's slick and snowy they will cite you for failure to control. Well sorry not everyone gets special training in advanced driving lol. The word "accident" really is non existent anymore.


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## AC_ESS (Nov 15, 2008)

The suburban driver should have been cited for no Ins, Ohio its mandatory. since we do not know both sides of the stories nothing else can be explained.


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## ostbucks98 (Apr 14, 2004)

Canoerower said:


> Was told by a cop one time everyone gets cited anymore. Only person who doesn't is the victim. Just like sliding off the road when it's slick and snowy they will cite you for failure to control. Well sorry not everyone gets special training in advanced driving lol. The word "accident" really is non existent anymore.


This is not true...my sister slid off the road from ice just last month and she was not cited by a state trooper...totaled her car though

posted using Outdoor Hub Campfire


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## ostbucks98 (Apr 14, 2004)

You dont get ticketed for no insurance....if you fail to show valid insurance you get flagged in system and will recieve letter from bmv saying you have 30 days to show proof of insurance or lose your license for 90 days and have to carry an sr22.....you have to prove you had insurance at the time of being pulled over.

posted using Outdoor Hub Campfire


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## chardoncrestliner (Dec 19, 2012)

When I was a cop, if there was a clear indication of who was at fault, and especially if both parties admitted to who was wrong, a citation was issued.

The OH-1 reports were modified some years ago, and I would surmize by all of the information on them, they were designed by the insurance companies.

When in doubt, I filled it out completely and let the insurance companies fight it out.


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