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Bruceswar » Tue Aug 28, 2012 8:59 pm wrote:We all had tons of men..
He stated that my sister backed up into another lane, which doesn't make sense considering it was a two-lane road with a parking shoulder...
TA1LGUNN3R wrote:He stated that my sister backed up into another lane, which doesn't make sense considering it was a two-lane road with a parking shoulder...
Let me clarify this part. He states that my sister backed out into the road from being parked. However, this does not jive as the SUV struck the left front fender of my sister's car, thereby proving that she was pulling out and that the SUV was not looking when she performed the U-turn. (seriously, nobody backs out from being parked on the shoulder.)
-TG
Bruceswar » Tue Aug 28, 2012 8:59 pm wrote:We all had tons of men..
kentington wrote:TA1LGUNN3R wrote:He stated that my sister backed up into another lane, which doesn't make sense considering it was a two-lane road with a parking shoulder...
Let me clarify this part. He states that my sister backed out into the road from being parked. However, this does not jive as the SUV struck the left front fender of my sister's car, thereby proving that she was pulling out and that the SUV was not looking when she performed the U-turn. (seriously, nobody backs out from being parked on the shoulder.)
-TG
Yes if she had been backing up the U-Turn specialist would have hit the rear of the car.
TA1LGUNN3R wrote:Or, why I hate cops.
Scenario:
Result:
My sister initially didn't want to pursue this because she's not very assertive, but my mother and I convinced her to take this to small claims courts, since from the info we had it seemed that the SUV drivers were clearly in the wrong and were responsible for the damage to my sister's car. The insurance investigation yielded a no-fault scenario. As it turns out, the wife's (who was operating the vehicle) husband is a cop, who lied twice (from what I gathered). He stated that my sister backed up into another lane, which doesn't make sense considering it was a two-lane road with a parking shoulder, and that he filed an accident report with the DMV. The report was never filed with the DMV, and at the case the cop presented the report, which he had only filled out the day of the trial but never turned in. Keep in mind that the trial occurred months after the accident.
-TG
aage wrote: Maybe you're right, but since we receive no handlebars from the mod I think we should get some ourselves.
rishaed wrote: And can throw that part of the testimony based on the fact that it is "Hearsay" heard from his WIFE (the defendant)
DoomYoshi wrote:I don't have any actual advice for this case. You could consider installing cheap digital cameras everytime you drive though.
Is your sister hot?
rishaed wrote:I'm going to focus on the fact that the report has never been filed with the DMV. IF it still hasn't been filed then you can prove that he was lying aka perjury. Try to get a document from the DMV, with a timestamp (something to prove that he didn't file it afterwards). His testimony must be thrown out at that point in time. IF it was filed Get the document anyways with the TIMESTAMP of WHEN it was filed. IF that happens you can claim it was perjury based on the fact that it was filed after the lawsuit against his wife. Assuming everything you said it was true. Either way the document is important to get, and with the date it was filed/ not found. IF he wasn't in the SUV at the time of the crash, and , you can make the If then statement of . . . if you were not at the scene, how then do you know what happened? And can throw that part of the testimony based on the fact that it is "Hearsay" heard from his WIFE (the defendant), because his information would be biased. Other than that, if you want to dispute it you need a lawyer.
bedub1 wrote:Perform a citizens arrest on the police officer for perjury.
TA1LGUNN3R wrote:What are our options? Should we contact the cop's superior, seeing as how he perjured himself under oath, which obviously gained him an advantage? Can the judge's ruling be challenged, seeing as how, despite the evidence, he sided with the cop?
Dukasaur wrote:TA1LGUNN3R wrote:What are our options? Should we contact the cop's superior, seeing as how he perjured himself under oath, which obviously gained him an advantage? Can the judge's ruling be challenged, seeing as how, despite the evidence, he sided with the cop?
Do not do ANYTHING without a lawyer. You hear me? NOT ONE FUCKING THING! The cops have a lot of tricks up their sleeve, the judges are biased in their favour, and they're not afraid to play dirty. You try handling this on your own, and you could be in for a world of pain, including but not limited to: getting a ticket each and every time you leave your house, going to jail for contempt of court, getting your teeth kicked in and charged with resisting arrest while you lay on the ground, and a slew of other nightmares. Keep your cards close to your vest, get a good lawyer, and don't say anything to anybody except through him.
Trust me. I'm one of the few people I know who actually has won a case against the cops, and I learned a lot about the legal system in the process. Including the fact that my lawyer saved my ass; if I had represented myself as I originally intended to I probably would have done hard time. Lawyers are expensive, but they're worth every penny.
One final word of advice: Get a young lawyer fresh out of law school. They're the only ones that still care. The old ones are jaded and really don't give a shit. Plus the old ones cost more. The young ones still believe in justice, and if you impress one with the merits of your case he may even do it pro bono, or at least on the cheap, especially if he doesn't have much of a client list yet competing for his time.
TA1LGUNN3R wrote:The suit that my sister filed was that the couple operating the SUV were liable for damages to her Hyundai, despite the no-fault ruling the insurance investigation yielded. The investigator gave an inaccurate report (and in retrospect he probably knew the husband was a cop), but I guess that's another issue.
I'm not too sure about the specifics of what the cop is pursuing as I was just told on the phone. Apparently, he's notified some sort of collection agency or something that sent my sister a notarized letter demanding payment for damages to his SUV. However, he has no legal basis for this because (1) there's no accident report from the DMV on his part like I mentioned, and (2) the judge didn't rule in favor of the cop, he just dismissed the case. Honestly, I'd have to see the letter to see what the hell's going on with that.
-TG
Symmetry wrote:TA1LGUNN3R wrote:The suit that my sister filed was that the couple operating the SUV were liable for damages to her Hyundai, despite the no-fault ruling the insurance investigation yielded. The investigator gave an inaccurate report (and in retrospect he probably knew the husband was a cop), but I guess that's another issue.
I'm not too sure about the specifics of what the cop is pursuing as I was just told on the phone. Apparently, he's notified some sort of collection agency or something that sent my sister a notarized letter demanding payment for damages to his SUV. However, he has no legal basis for this because (1) there's no accident report from the DMV on his part like I mentioned, and (2) the judge didn't rule in favor of the cop, he just dismissed the case. Honestly, I'd have to see the letter to see what the hell's going on with that.
-TG
So he was the owner of the SUV and his sister was driving? This seems a bit more complicated.
Just_essence wrote:Symmetry wrote:TA1LGUNN3R wrote:The suit that my sister filed was that the couple operating the SUV were liable for damages to her Hyundai, despite the no-fault ruling the insurance investigation yielded. The investigator gave an inaccurate report (and in retrospect he probably knew the husband was a cop), but I guess that's another issue.
I'm not too sure about the specifics of what the cop is pursuing as I was just told on the phone. Apparently, he's notified some sort of collection agency or something that sent my sister a notarized letter demanding payment for damages to his SUV. However, he has no legal basis for this because (1) there's no accident report from the DMV on his part like I mentioned, and (2) the judge didn't rule in favor of the cop, he just dismissed the case. Honestly, I'd have to see the letter to see what the hell's going on with that.
-TG
So he was the owner of the SUV and his sister was driving? This seems a bit more complicated.
What? How did you get that out of his post? It's the wife driving the opposing SUV, the husband the cop, and TA1LGUNN3R's sister, as you definitely know... How did you get the sister part?
Funkyterrance wrote:Suggestion: don't hire symmetry as your lawyer.
Dukasaur wrote:
One final word of advice: Get a young lawyer fresh out of law school. They're the only ones that still care. The old ones are jaded and really don't give a shit. Plus the old ones cost more. The young ones still believe in justice
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