Q: Do I have to appear in court to protect my claim against another driver that hit me?
- The accident and court are in Fulton County, Georgia
- Two-car accident where driver behind me rear-ended my vehicle
- Police report filed and states the other driver hit me
- Other driver was issued a "failure to stop" citation and I also learned that her license was suspended and her vehicle tag was expired
- I've filed a claim through her insurance policy and they've issued a check for damages (although I have not cashed it or signed anything regarding settlement)
- I received an official subpoena today to appear in court for the case which is "State vs. *Other Driver*" via regular mail; however, there was also a hand-written letter from the Assistant Solicitor in the envelope stating I would not have to appear but I needed to keep in mind the "following too closely" charge may be dropped if I don't appear
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- Georgia
- (404) 567-5515
- View Profile
- Answered
A:
I would appear, to make sure that person pleads guilty. A guilty plea in the Atlanta Municipal Court, which is where 90% of all such cases are processed, in Fulton County, will be recorded on VIDEO, since that is how these courts record what transpires in Court.
If you are not there, to insist on a GUILTY then it can be dismissed, or the person allowed to take a diversion, a nolo contendere plea, or some other disposition, where the plea itself is not usable as evidence in the CIVIL case.
It does not sound like you were injured, but if you were, do not sign away any rights that you may have, in that civil case.
Happy to send you to a personal injury law specialist, if you do need some names.
William C. Head
404-567-4010
1 user found this answer helpful
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