Ok, so this guy T-boned me coming off of a private street while I was on a public one. He didn't have a stop sign, although the NCGS say that anyone coming off a private street must yield right of way to people on public streets (G.S. 20-156(a)), automatically giving me right of way whether he had a stop sign or not. He's clearly at fault here.

HOWEVER, this bullshit police officer in his report said that HE thought that it was no-fault because the guy didn't have a stop sign. Now I'm having all kinds of shitty trouble with insurance because the other guy's company wants to go with what the cop said. I've told them the General Statute and told it to my own insurance company and by all rights this other guy's insurance should take responsibility. I won't have a definite answer until next week, probably. This has nearly totaled my car and stressed me out to no end. >_<

So, besides griping, I want to know if anyone knows how to file a complaint against this officer for not fully examining the situation and pointing out that this other guy in the accident was coming off of a private street. I really want to yell at this cop for not being thorough and causing me all this stress during exam week, no less.

Anyone have any advice? I don't know if I should go through RPD or the DMV/DOT or even where I can find forms besides going down there (which I don't want to do b/c I know I'll start crying like a baby )

I hope this is garage-worthy. It's about cars and law so I want the garage people's advice. Thanks for reading.

5/4/2006 3:27:43 PM

you should probably talk to a lawyer

5/4/2006 3:29:00 PM

^yep

5/4/2006 3:51:55 PM

Hardeson and Leone

5/4/2006 4:19:05 PM

call and talk to your insurance company, specifically the one handling your claim.

their lawyers should take care of this for you, especially if the adjuster at your insurance company agrees with you that he was at fault.

5/4/2006 4:55:57 PM

thtas what you pay premiums for, trust me your insurance has lawyers for this stuff and they don't want to pay any more than you want them to

5/4/2006 4:58:34 PM

Dont go to RPD......they will cover each others ass. Have your insurance company deal with it

5/4/2006 5:20:44 PM

Quote :

"So, besides griping, I want to know if anyone knows how to file a complaint against this officer for not fully examining the situation and pointing out that this other guy in the accident was coming off of a private street. I really want to yell at this cop for not being thorough and causing me all this stress during exam week, no less."

police do not determine fault. that is the job of the insurance company. call RPD if you don't believe me. 890-3111

5/4/2006 10:59:22 PM

^ I know that already. The insurance company just said that they want to go along with what the cop said, which was that he "could not determine fault."

Had he been more thorough, the insurance company might have said that they would go along with a police report that would have said that the other guy was probably at fault.


[Edited on May 4, 2006 at 11:34 PM. Reason : ya see?]

5/4/2006 11:29:21 PM

You need a lawyer. If the guy didn't get a ticket for anything then it's not going to be obvious who's at fault

5/5/2006 1:24:20 AM

Your insurance company is passing the buck. Like was said police officers do not determine fault in an accident. That is up to the insurance company. Now the cop can put down on the 349 report who "contributed" to the accident. do you have a copy of the report??? Do you have access to the guide so you can understand what all those numbers mean??? Before you call and complain on the officer have you tried calling the officer back and speaking to him about it? People have called me before and Ive actully gone back and changed the accident report if Ive made an error. But I suggest changing your attitude before you call him.

5/6/2006 2:11:51 AM

should be a paper where they sketch the location, the vehicles, and the damage to both, even though they can't determine fault, they can make it obvoius who is at fault

5/6/2006 8:25:31 AM

Quote :

"But I suggest changing your attitude before you call him."

no shit. blaming the cop when it's not even his fault.



ready what DeputyDog wrote. follow his advice.

5/6/2006 4:00:45 PM