Am I a defensive driver?

I person I knew insisted to drive her car while she was transported furniture by other van I was following her vehicle. While I was exiting a highway, I realized that car I was in had faulty brakes. Multiple applications on brake pedal did not slow the car. Since car was accelerating I had to avoid a vehicle in front of me from the left side and in order not to crush into the cars slowing down ahead of me, I made a decision and turn the wheel left. The car was crushed on the tree. The police officer without questioning me and finding out what actually happened stated in the report that the car could not negotiate curb and found me at fault. That is not correct. My insurance premium increased due to being defensive driver. What should I do and how to find justice for financial and physical emotional damages.

Asked on June 12, 2017 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only way to prove that your contention was correct would be with a report about the condition of the brakes at the time of the accident. If the car, albeit having been totalled, is still intact (has no been chopped up or crushed, etc.), you could go to court (file a legal action) and get a court order allowing you to have a mechanic, brake specialist, etc. examine the brakes for you and write a report; however, the cost of doing so (legal costs; costs to pay the expert; etc.) may be more than you'd hope to save on your insurance rates.


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