Q: Acciden w/ an at fault driver w/ no insurance, pleading not guilty and has a B trial w/ lawyer. Should I get lawyer 2?
There was only property damage. I only have uninsured bodily damage, not property. I was never contacted to go to court, but I went for the first appearance and was told if I didn't show up for the trial, the other drivers case would be dismissed. Shouldn't the officer be there to testify instead of me?
A: Unless the officer witnessed the accident/collision he has no personal knowledge of how the accident occurred-----that is why you would need to testify at the trial on the traffic ticket. You can contact a lawyer in your area to discuss the pros and cons of attending the trial on the traffic ticket as well as whether or not you might want to sue the at fault driver civilly.
Your question is a bit confusing. If you are saying that you were in an accident where the other driver was at fault and that the at-fault driver was cited with one or more traffic violations, it is only important that you attend the trial if you want the other driver to repair your car. The police officer cannot testify because the police officer did not see the accident occur. You did see the accident occur so you can testify. Almost certainly, your testimony will cause the other driver to be convicted. Meet with the State's Attorney, in advance, providing him/her with at least two estimates to repair your vehicle or at least two opinions that the vehicle is totally demolished, along with documentation of the current market value of your vehicle immediately prior to the accident.
If this is strictly a traffic court, the judge may not entertain your request for Restitution but you CAN get a Certified Copy of the Traffic Court Conviction to use as evidence in your Civil Case. Moreover, it will be reported to the Secretary of State and the at-fault driver will never be able to get a driver's license until they pay your damages or enter into an agreement to repay.
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