What is the process for revising an at-fault auto accident? 2 Answers as of June 13, 2011

I was involved in an auto accident that wasn't my fault but I'm being blamed for it. I was rear ended and the guy that hit me had a suspended license. I think he was trying to hit and run because he drove off and came back 2 minutes later. There were no witnesses other than my mom who was in the truck with me. No tire marks. We were never questioned because my mom and I were loaded in the ambulance and taken to the hospital. I got a ticket in the mail for an "unsafe lane change". It said complaint signed. What does that mean? I tried to talk to the officer but I think he has dementia and doesn't remember anything and won't change his mind. He couldn't even get our names right in the report and I had to keep repeating things 5 times before he got it. The report says there is no front/back end damage to the vehicles- only side, which is untrue. I asked for pictures from the accident, which he said he had, and he told me to come back in a few days. I did and there were no pictures. I got a hold of the officer's coworker and she said the officer told her the pictures weren't needed and she deleted them. So I got my own pictures and came back to show him and he became irate and called his coworker a liar (tacky) because he said he "never told her to delete the pictures." I was going to ask to have my pictures added to the file so there would be something in it but the officer told me to go to court and stormed off before I could. (unprofessional) I guess I'm going to go to court and I don't know what to do. The other driver was cited for the suspended license. but that's it. He wasn't cited for speeding or anything else, and I know he was speeding because when we were hit we sped up. Also, his BMW totaled my Chevy truck and the speed limit was only 40 MPH and I know I got hit a lot harder than that to total my truck. How do I turn this around and have him cited for speeding or reckless driving or something? Should I talk to the officer's sergeant?

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Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
You can definitely file a complaint with his supervising officer. The only way to turn around the ticket is in court. I am sure you reported this to your auto insurance and they have investigators to pursue the person who caused the accident. If insurance does not cover all your damage you can sue the other driver in small claims for up to $7500.
Answer Applies to: California
Replied: 6/13/2011
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