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Nothin serious...jus had a fender bender...damn 16 year old kids!
I was wondering if there is a law that says you must file a police report within 48 hours of the accident or else you can't after that?
Does anyone know of a law like that?
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72 hours from what I know.
Peen is the legal resource for the board.
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Man............you should have called the police and had them come to the location!
It is always good when the police do the accident report......normally a citation is issued to the guilty party......hopefully you took pictures of the damage to both cars!
Without a police report it is hard to determine who is at fault.....witness statements are so important.......I always keep a camera in my car for this reason!
Good luck!
![[Linked Image from i96.photobucket.com]](http://i96.photobucket.com/albums/l197/thazen/brownsflag2.jpg) GO BROWNS!
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Legend
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Each state could be different.
In Tennessee it is 72 hours and is REQUIRED on any accident where property damage exceeds $400. Failure to do so could result in loss of license.
Our property loss amount is lower than some states....many set the amount at $1500.....you just need to check with your states DMV.
If everybody had like minds, we would never learn. GM Strong ![[Linked Image]](http://www.dawgtalkers.net/uploads/small-gator-chomp.gif)
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Problem is, most times, without a police report stating who was at fault..............wellllllllllll, it becomes hard for you/your insurance company to collect from the guilty party, as there is no "guilty" party, without that report.........
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well here is the deal...
I hit the kid from the back..i know i know...you automaticly will think it's my fault...but it was raining pretty hard...he was driving with his dad and we were both in the right only turn lane....
He keept driving through the yellow...so did i...as soon as he turned right he slammeeeeed on his breaks to stop...and i had no time to stop...so i turned my wheel all the way right to avoid hitting his car but my car didn't stop in time nor could drive around his and i barely hit him(i was going around 10-15mph).. if u look at my car there is almost no damage...i can't even tell unless i'm real close to it...his car however had some minor bumper damage...
His dad gets out to talk with me n says i told him to stop because it was red...and i was so mad...cuz it was yellow n he stopped after turning RIGHT!! i told him how he should also teach his son not to break so hard for no freaking reason...when it's raining so this bad
So i really don't care if i don't get anything fixed...cuz there is nothing to fix on my car...however he called me 2 weeks later today!! (all we exchanged was name n phone #s) i thought he jus wanted to move on n not worry about it...but i guess he wants me to pay! so i was jus wondering if i'm still obligated to pay for this! (i jus assumed that if we called the cops they would have said it was my fault since i hit him from the back...but i think tht is bulllllll)
![[Linked Image from fbcdn-profile-a.akamaihd.net]](https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/276870_6711658857_1403067853_q.jpg)
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Legend
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Well, I'm no lawyer, so don't take this as legal advice, but, you hit him, from the rear...................you probably have to pay............seeing the way you recounted it I would say #1, you are at fault, and #2, be glad there WASN'T a police report......but again, I am not a lawyer, not an insurance agent or rep, and not a judge...........just giving the regular joe opnion.
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I'm no lawyer either,but in most cases if you rear end someone they consider it your fault.I think they call it "assured clear distance ahead" or something like that.Usually doesn't matter what the person in front of you did,they will say you never had enough distance between your vehicles most likely.Good luck anyway.
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I had one last Monday. The jackass was in a hurry- to get to court.  Did about $1,100 damage to my car, but they said my rear driver's wheel is bent in, and if there's more damage under there, it could get more expensive. Luckily he had insurance, because I've gotten royally screwed several times with accidents. I had a woman hit me on the way home from work in a nasty accident. She was drunk, driving erractically and VERY fast around a very tight S-curve in a park and drilled me right on my driver's door, spun my car out while her's flipped 5 times and landed in the middle of someone's yard. She was drunk, had no license, had no insurance, was driving someone else's car who had no license or insurance. So I had to claim and total my car under my insurance. But she was unconscious for a week, so I didn't know this until a week later when I was driving a rental car I figured her insurance would be paying for. Then last year in the same week, I had a semi-truck's tire blowout and I ran it over. My car is low to the ground, so it tore up my front end, radiator and what not. Had to use my insurance for that. 2 days later, a construction vehicle was dropping chunks of concrete out of it's bed, cracking my wife's windshield and putting a dent in the hood. They flat out refused to pay, was rude to my wife on the phone, and couldn't get anyone to call back after that. So that windshield is getting fixed via my bank account. I had another incident where my car was parked in the road in the winter, and a car at my ex's neighbor's house apparently backed out the drive and into my car. You can clearly see the tracks coming from the top of the drive, into my car, and down the road (there was snow on the ground). The cops never knocked on the door, said they'd take care of it tomorrow, and never did anything. So I had to pay for the damages once again. Like I said, I've been royally screwed. Yeah, you need to file a report. How come you didn't? Not like the cops helped me anyways when I did....... 
![[Linked Image from pic18.picturetrail.com]](http://pic18.picturetrail.com/VOL905/3216203/6567769/349897772.jpg) "The Browns' defense is kicking mucho dupa."
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Legend
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Hey Peen when I was stationed in Tenn. I got to tickets in 1986 for 89 and 77, both in a 55 miles an hour zone (no reckless ops?). Never paid them. If I were to get stopped in Tenn. would anything happen?
#gmstrong
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1st String
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if you hit him from the rear, not only are you responsible, but you will be cited for following at an unsafe distance. It was raining, and you were following too close to make a stop.
You make the report, and you will be cited. (that is if you hit him in the rear, no matter what the conditions were)
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Quote:
if you hit him from the rear, not only are you responsible, but you will be cited for following at an unsafe distance. It was raining, and you were following too close to make a stop.
You make the report, and you will be cited. (that is if you hit him in the rear, no matter what the conditions were)
Exactly.......add that to the fact that you state you were both "driving through the yellow" and you're definitely in the wrong.
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You need only to look into the mirror my son, to see who was at fault. Now go get your wallet, and get ready to dig deep.
I AM ALWAYS RIGHT... except when I am wrong.
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Yep...your fault. I hit a girl once from behind....she was broken down in the intersection and it was pouring. Being several cars back from the light, by the time I got to her, I was going fast enough that I couldn't avoid her. My fault. Stupid bitch sued me. Of course, she got something like $700 for her POS Chevette.
#gmstrong #gmlapdance
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Road conditions won't matter,, What he did doesn't matter. You rear ended him and Peen can probably verify this, but you are supposed to have your vehicle in control at all times..
So, no matter what, I bet you are going to be at fault in the eyes of the law.. Just my guess however..
I pulled out of a private driveway, was T-boned by a 75 year old man that skidded about 50 ft before slamming into me. I would have thought that he was probably driving too fast for the location (speed limit of 35) but the cop cited me saying that I pulled from a private drive... I was the bad guy..
Sometimes logic doesn't play a part in things
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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Quote:
You rear ended him and Peen can probably verify this, but you are supposed to have your vehicle in control at all times..
Anyone in possession of a driver license should be able to verify this.... 
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Legend
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Quote:
Anyone in possession of a driver license should be able to verify this.
Indeed.
If everybody had like minds, we would never learn. GM Strong
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If you rear end someone you are automatically at fault for not keeping your vehicle under control. There is no if and or but about it. I just got screwed on that last year. I came around a blind corner on a local highway only to find traffic completely stopped because some idiot had spun out causing traffic to stop. Came around the corner at 55 to see that I only had 50 feet to stop my 5000LB truck, wich wasnt happening of course. I slammed the minivan so hard it pushed into the car in front of it, and then that car into the car in front of it. And then the third car into the fourth. After everything came to a stop the person who spun out just drove away.  Thank god no one sued.
Meet the new boss, same as the old boss...
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Legend
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Quote:
If you rear end someone you are automatically at fault for not keeping your vehicle under control. There is no if and or but about it. I just got screwed on that last year.
I came around a blind corner on a local highway only to find traffic completely stopped because some idiot had spun out causing traffic to stop.
Came around the corner at 55 to see that I only had 50 feet to stop my 5000LB truck, wich wasnt happening of course. I slammed the minivan so hard it pushed into the car in front of it, and then that car into the car in front of it. And then the third car into the fourth. After everything came to a stop the person who spun out just drove away. Thank god no one sued.
Yup... in the State of Ohio, there is no such thing as extenuating circumstances or anything else when a car is rear-ended. He who hits from behind is ALWAYS at fault regardless of conditions or circumstances.
Call your insurance company and hope they don't screw ya too bad 
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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Maybe i wasn't clear.... i know i'm at fault no matter what the driver did...but in my mind it was his fault!!(i know that doesn't matter, legally i'm responsible) but the person did NOT file a police report or contact my insurance agency....
I'm broke as hell right now and don't think i can afford to pay him 500 for his bumper...it's so not my fault...it was at a STOP LIGHT...he went through the yellow to turn RIGHT then slammed on his breaks...i had no way of knowing a person is going to STOP after going through the intersection...i was TURNING...i was far enough to realize that he stopped so i slammed on my breaks to stop WHILE turning and hit his car...even the dad said it was his fault cuz he told his son to stop....but that doesn't matter cuz i know if the cops were there i would have gotten a ticket...
Anyways i just wanted to know what happens now? 2 weeks later what can he do and what he cannot do...like call the cops to report something that happened 2 weeks ago? is that doable? i don't plan on NOT paying the guy but i just want to delay it..i was wondering if he can get pissed n call the cops meanwhile?
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My advice is to just talk to the guy and let him know your situation and see if there is some kind of arrangement you can work out for the payment.
If it is $500, that tells me all he is wanting is for you to pay his deductible... that's a pretty good deal if ya think about what even minor body work costs.
As for legalities, I don't know, but he has your name and number (in your handwriting?) and probably your paint on his bumper... proving that it was you that did it shouldn't be too difficult... and I wouldn't worry about the cops as much as I would his insurance company's lawyers.
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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Quote:
Maybe i wasn't clear.... i know i'm at fault no matter what the driver did...but in my mind it was his fault!!(i know that doesn't matter, legally i'm responsible) but the person did NOT file a police report or contact my insurance agency....
It doesn't matter what you perceive in your mind.....you said you were both going through the yellow. Next time just leave for your destination 5 minutes earlier. 
As far as the cops/contacting insurance agency....you should have both exchanged information at the scene, and contacted the police to see if they would come and file a report.
Quote:
Anyways i just wanted to know what happens now? 2 weeks later what can he do and what he cannot do...like call the cops to report something that happened 2 weeks ago? is that doable? i don't plan on NOT paying the guy but i just want to delay it..i was wondering if he can get pissed n call the cops meanwhile?
Ohio motor vehicle laws are online....you could have researched and found your answer by now.
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Quote:
Anyways i just wanted to know what happens now? 2 weeks later what can he do and what he cannot do...like call the cops to report something that happened 2 weeks ago? is that doable? i don't plan on NOT paying the guy but i just want to delay it..i was wondering if he can get pissed n call the cops meanwhile?
'
Call your local police department and ask. They will tell you straight up how long you have to report a wreck. Just curious, do you know if he had license,insurance and registration. If he was lacking any of those he probably wouldnt want the cops involved anyway.
Meet the new boss, same as the old boss...
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Legend
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Quote:
Anyways i just wanted to know what happens now? 2 weeks later what can he do and what he cannot do...like call the cops to report something that happened 2 weeks ago? is that doable? i don't plan on NOT paying the guy but i just want to delay it..i was wondering if he can get pissed n call the cops meanwhile?
Your best bet is to get in touch with him and tell him the situation, and that you intend to pay the damages. If you try to avoid it til you have the money, all he knows is your avoiding him, and that would me off and I would not be willing to work with you then, I would get nasty.
If your upfront and show good intentions, I would work with you in resolving the matter.
We don't have to agree with each other, to respect each others opinion.
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All of you have pretty much said what i said...
I don't think it should be my fault...but i know it is legally...that much i know...so thanks for telling me...i was jus wondering what are HIS options...can he still file a claim? if you don't know please don't give me a lecture on how it's my fault...cuz i already know this....
SO queustions are...
1) Can he file a police report
2) Can he file a insurance claim
3) Can he sue me
After 2 weeks....i am sure he can do 2,3 but i know that 2,3 mean more if there is a police report of the incident....which is why i want to know if a person can still file a police report...
Thanks in advance if you know the answers to these 3 questions!
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Quote:
which is why i want to know if a person can still file a police report...
Thanks in advance if you know the answers to these 3 questions!
You
Are
On
The
Internet
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Quote:
I don't think it should be my fault...
You rear-ended him while following too closely to clear the intersection....
IT'S YOUR FAULT!
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Yes he can file an insurance claim.
Yes he can sue you.
Police report you will have to look up.
Best bet is let him know your intentions. THe longer YOU take the more chance he will go to your insurance company or sue...
#gmstrong
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Quote:
All of you have pretty much said what i said...
I don't think it should be my fault
I never said that.
I think it SHOULD be AND IS your fault. Rain, snow, clear blue sky, it doesn't matter. If you hit someone from behind, even if they slam on their brakes out of the clear blue, you hit them, it's your fault. YOU WERE FOLLOWING TOO CLOSE.
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Maybe i wasn't clear.... i know i'm at fault no matter what the driver did...
I'll be clear...you're still thinking about that yellow, if you proceed into an intersection once a light has turned yellow, you can be cited for running a red light.
The driver in front of you did the right thing, by stopping for a yellow.
You did the wrong thing by following too closely and hitting him.
To answer questions #1 #2 and #3, yes, yes and yes.
If it were me in the lead car, you would already be hearing from my insurance company.
Under section 4509.09 (Repealed - effective date: 03-31-1997) of the ORC "The registrar may suspend the license of any person who fails to report an accident, as provided in sections 4509.01 to 4509.78, inclusive, of the ORC, until the report has been filed.
After a quick review of some of the ORC, it looks as if you have 30 days to report the accident to the BMV (done automatically when you do a police report) and if you don't, you face some pretty stiff penalties.
Here's the link to the full ORC concerning driving. Dig through 'em and learn...
http://codes.ohio.gov/orc/45
![[Linked Image from img.photobucket.com]](http://img.photobucket.com/albums/v119/muchogordo/sig.gif)
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Quote:
Here's the link to the full ORC concerning driving. Dig through 'em and learn...
You mean you found that on the internet??? Wow!! 
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I started digging, then I thought hey...I'm not doing anybody's homework.  Oh yeah, the answers to Questions #1, #2, and #3 are still... Yes, yes and yes. 
Last edited by DPG; 07/07/07 01:33 PM.
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Me too...... I found the answers easily.
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Quote:
I'm broke as hell right now and don't think i can afford to pay him 500 for his bumper...it's so not my fault...
Do you have insurance?
p.s., it is sooooooo too your fault.
$500 out of pocket may seem a little high to you, but having worked in a body shop I can tell you that $500 is getting off pretty cheap, and if you can't afford it, turn it into your insurance company.
Yeah, if the guy was making a right turn, or a left turn and stopped in the middle of the intersection, and you hit him...it is still and always has been sooooo your fault.
Last edited by DPG; 07/07/07 01:48 PM.
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Not sure why i'm getting an attitude from you guys...
I already said it's my fault i know that...you sound worse than the guy i hit...i jus find that funny...
Hey shep...i wasn't aware this is the internet....thanks for all your help bud
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DPG thanks for the website!
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Quote:
Not sure why i'm getting an attitude from you guys...
I already said it's my fault i know that...
but then you go on to say "in my mind I don't think it should be my fault."
That's why! It's black and white, plain and simple.....
then you run this thread asking for answers to your questions that can be found with a 3 second google search!
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Hey shep...i wasn't aware this is the internet....thanks for all your help bud
Good, perhaps you learned something. That small TV you are sitting in front of is connected to all kinds of useful information!
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Legend
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You mean porns useful 
I AM ALWAYS RIGHT... except when I am wrong.
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It can be.....comes in handy from time to time.
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Legend
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Quote:
Not sure why I'm getting an attitude from you guys...
Maybe because you seem to be willing to stiff this guy??
You probably don't have insurance and was hoping this would just go away since your car didn't get too messed up..
Had it been the other way you would be on here seeking ways to sue his ass since he hasn't fixed your car yet and complaining about a sore neck..
JMO
Just a general comment....
This is a good example of why you shouldn't try to cut someone some slack and just go ahead and call the police and have the matter taken care of then and there.
If everybody had like minds, we would never learn. GM Strong
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And if you don't have insurance (either one of you) Ohio law allows you to file an accident report 6 months from now to be compensated.....
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