Post by
jfanaselle »
https://forums.nicoclub.com/jfanaselle-u73887.html
Sat Oct 06, 2007 6:51 am
I'm actually in the process of becoming a deputy myself. It wasn't necessarially the lack of report that made them come to their decision. It was that they didn't have a statement of facts besides what the lady and I had told our insurance companies. Mall Security did show up while we were exchanging info, and I asked the guard if he was going to take some sort of report. He said he was only there to ensure that we weren't disrupting the rest of the mall's traffic flow and once we exchanged our info he was on his way. I told my insurance company my whole side of the story and the lady told her insurance company her side. Then, her insurance company called me to interview me and she simply ignored all the calls from my insurance. Like I said, they didn't see eye to eye on fault, so it went all the way to arbitration and, without a statement of facts from the scene, the arbitrator went of the way the law is written which states the person on the right at the uncontrolled intersection has the duty to yeild unless they enter the intersection first. Well I was on the right and I feel that we either entered at the exact time, or I may have even been slightly ahead of her. However, there was obstructed visibility on my side (she was pulling out of a tunnel) and never even looked into the intersection she was traveling into. She even said at one point that she never saw me until the collision occured. They determined that because the front of my vehilce struck the side of hers, she had entered the intersection first, but this only happened because she was going much faster than me (at least 10 mph faster) and I made an effort to stop and swerve where she made no effort at all. Without a witness statement backing up my side of the story (no one saw the accident, but she had a passenger that sided with her, of course), they didn't believe me and I was SOL. I guess in all honesty, the responding officer wouldn't have been able to validate my statement of facts either, but her story changed as the process went on so it sure would have helped to have a report.