Legal Question in Traffic Law in Florida
Hello,
I had a minor car accident myself (I'm 36 no points on my licence no accidents )a passenger with a Honda and driver 18 years old passenger about 16. they had their licence for 6 mo's. the scenario was this it was about 4 am dark no lights on the road and lots of fre3e standing water. they were in the turning lane at the green instead of turning they continued on into a merge lane meant for the right hand side of that intersection. After they never yielded to merge their car front right side began to hit my car left side and tugging my car causing it to slide sideways and forward into the speed limit about a foot from where the arrow from the merge ends almost 3 feet from an electrical box i was terrified and in shock and i clearly didn't see that they had a merge lane or that they began in a turning lane and my gut reaction was panic and guilt i was asking if everyone was ok and omg its all my fault so i thought i lost control of the car since i spun but i remember thinking why are they trying to go so fast. something isn't right. as the sun comes up 2 hours later after 6 police cars pass and the parents show up after telling my insurance it was all my fault . I realized it wasn't my fault and began to calm a little start to take a few pictures by the time the officer got out of her car she had already gotten their statement basically saying what i said to them. she parked over he word merge and they learned into her car the mom and dad smiled at her .i believe they knew her. cause when she got to me she had been writing and started to tell me their statement as if it was mine she said you lost control and then hit them in their lane right. I said actually i was hit from the from that's when i lost control. her face became very serious at this point and looked directly into my face and shouted are you going to change your statement NOW! i never gave her one .. and she was simple using their statement as mine i was very intimidated. and just stood their quiet as she continued to tell me how the accident happened when she did she handed me a ticket drove off the merge lane word. and i just started to feel very framed and stuck. I never got the change to tell her how i was in a bit of a shock and i realize that they had a merge lane not a lane of their own and that I'm 110% innocent of this accident. my insurance is covering the cost of their car. my car had about 1500 plus damage and i have to pay this out of pocket once i have it. she never wrote anything about the merge nor the speed limit sign . she didn't ask anyone if they had been drinking basically sat in her car with the kids hoping around playing air guitar and smiling and laughing i knew i was being taken advantage of. because of my fear and nervousness at the time i did nothing. I hired a ticket points lawyer to help me. not get points. but i realize now I need to proclaim my innocence somehow. and i do have photos of the streets and cars involved. as well as the police car on top on the word merge..what should i do? take this to court and run the risk of losing? or accept the fault even tho its not mine? and pay for it with that on my record as well as its unfairness as a whole i do not have enough to fix my car they should be paying for this and their own car why should i allow them to get away with this? is there hope for me?I should be able to make my own statement.
1 Answer from Attorneys
Your traffic ticket lawyer apparently took care of that aspect of it. That is not an admission of liability on your part. This needs to be fought in civil court. You need to explain to your insurance company all these details. Your insurance contract should require them to get you an attorney if you are sued. If not, then you need to hire one.
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