Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2017
    Posts
    3

    Default Accused of Making an Unsafe Lane Change After Being Hit by Another Car

    My question involves a traffic ticket from the state of: California.

    I was in the first lane on the freeway, when someone pulls up next to me on lane #2. My passenger says that he seemed pissed about something and was gesturing towards us (I didn't see as I was driving in my lane). But I saw him when he pulled right next to me and turned his car towards me in lane #1. His car hits my car's front right loses control and turns to its side in lane #1, and my car hits the concrete wall next to lane #1 simultaneously because of the initial impact. During his statement he said that my car hit the wall first and then his car and somehow brought his car into the first lane. However my car never moved out of the lane.

    The officer's statement says that the cause of the accident was determined to be my violation of CVC 22107 while doing an unsafe lane change to the left, where I hit the wall and ended up hitting him.
    The other guy was driving with a suspended license and no insurance. (So presumably he has a history)

    Can I have the report amended as I don't think I'm at fault here.

  2. #2
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Contesting Chp Report

    The report is the officers view of what happened. This report is prepared from the totality of the collision. It's relied upon by the statements of the involved parties, witnesses, physical evidence, and vehicle damage. It's obvious this officer believed you caused the collision.

    Now, since he filed a report stating you were at fault this causes you a problem...its the point assessed to your DMV record for causing the collision (per the officer). You can go to the CHP office and ask for the report to be amended, but good luck having that happen. You are better off asking to supply your own written statement and have it attached to the report as a supplemental report. It's not going to change anything with the fault though.

    You can contest the DMV point assessment with your local DMV field office as well. If you are successful at erasing the point you can save money on potential insurance premium increases.

    On a side note, do you have an uninsured motorist policy?

  3. #3
    Join Date
    Nov 2017
    Posts
    3

    Default Re: Contesting Chp Report

    Thank you for the response. I've filed a supplemental report, awaiting the officer's response.
    My insurance includes the uninsured motorist premium. So, hopefully, I'll be okay in regards to financial implications.

    Do you know what are the implications now that officer's assessment says it's my fault. Implications that I know are: 1 point on my record (as you mentioned above), insurance premium going up.
    Are there other things I should worry about? Specially regarding officer issuing a citation, or other party's ground to sue me?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Contesting Chp Report

    If you contest the ticket and win, you don't get points.

    If you are sued, turn the claim over to your insurance company. They'll make their own assessment of fault -- and are likely already doing so, given that you've likely made a claim for repair of the accident damage.

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Contesting Chp Report

    In the Recommendations section it would say if the officer forwarded the collision to the DA's office for prosecution. If you are missing that section or it says "none" then you will not be receiving a citation.

    You should work on getting the DMV assessed point removed from your record if you truly believe you didn't cause the collision.

  6. #6
    Join Date
    Nov 2017
    Posts
    3

    Default Re: Contesting Chp Report

    Thank you both of you for the response. There is a recommendation section in the report, that says 'None'.

    I'll get working on removing the DMV point from my record.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Lane Violations: Is Making a Left Before a Red Light Considered Unsafe Lane Change
    By trafficviolationwow in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-08-2013, 01:28 PM
  2. Traffic Lane Violations: Unlawful Use of Transit Lane and Unsafe Lane Change
    By akelkar in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 06-02-2013, 08:26 AM
  3. Traffic Lane Violations: Unsafe Lane Change or Lane Straddling, Cited for VC 21658(A)
    By startrek in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 03-18-2013, 12:21 PM
  4. Traffic Lane Violations: Unsafe Lane Change Ticket for Lane Straddling
    By rubbert094 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 09-09-2012, 02:08 PM
  5. Traffic Lane Violations: Unsafe Lane Change, Unsafe Turn. Multiple Charges One Ticket
    By triplesec in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-08-2009, 04:34 PM
 
 
Sponsored Links

Legal Help, Information and Resources