# Car Accident - Question



## mangastrings (Dec 2, 2012)

I recently one early evening was driving in dubai on a 4 lane highway at regulation speed, and after changing lanes after several seconds, was hit from behind by a drunk, speeding (double speed limit) driver. No injuries on both sides thank goodness but massive damage to his car. However I understand that I have been blamed for causing the incident, and with causing serious damage of two cars. This is now going to court and I understand the penalty is 1 year in jail and/or 10,000 fine...... I have no idea what to do as it is all in arabic.... any ideas? thanks


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## woodlands (Jan 13, 2010)

Settle out of court if its an emirati or gcc guy, settle otherwise too...
Hitting a car in trunk is automatically the rear guy's fault. Since its gone to court, either you did not report to police or they knowingly went against the general rule. So your prospects in court would be dim. That's what it appears like prima facie.
If u feel an injustice has been knowingly served, don't fight it


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## Moe78 (Oct 29, 2010)

It usually depends on whether the guy was a local/GCC or expat. Some expats might have some influence but generally it's the locals that get away with such offenses if they have connections and sometimes even if they don't. 

Welcome to Dubai


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## Gavtek (Aug 23, 2009)

What did the police say when they arrived? What colour of slip did you get from them?


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## swad (Nov 21, 2012)

I never felt any injustice from police side. Rather they are really friendly, professional and helpful.


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## Lullalu (Oct 28, 2012)

Surely if the other driver was drunk it was his fault? Did you get the green paper?


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## mangastrings (Dec 2, 2012)

The other drunk driver was from a country just outside the GCC, I followed correct post accident procedure and after the police and others arrived, they were asking questions, analyzing the situation etc etc... after some time of the other drunk driver being in their police car, I was asked to make my way to the police station having been given no police report. 

After arriving I was asked for someone to bring my passport, as the other driver was in fact drunk, BUT the accident was my fault, even though I had been at regulation speed, hit at back corner, spun around by a speeding drunk driver. 

As mentioned above, the prosecutor has found me at fault of causing serious damage to two cars (one being my family members I was driving). and the penalty for this is 1 year in jail and/or 10,000 fine...


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## Moe78 (Oct 29, 2010)

Still makes no sense how it's your fault.....sounds like he had connections?


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## Gavtek (Aug 23, 2009)

There just seems like there's lots of missing information here. Didn't you challenge what they said at all, how did they justify it?


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## mangastrings (Dec 2, 2012)

I now have some assistance involved, he does say that IF i am found guilty the worst i should expect is a large fine. I was given some basics translated that - I caused serious damage by changing lanes without care.... after me and my passenger explaining I safely maneuvered across and then was traveling in the next lane for over 4-5 seconds (* 4 lane road so the other driver could have moved either 4th or 2nd lane). of course looking at things, he hitting me from back corner, drunk driving, massively excessive speed as the causes.... you kind of feel totally helpless


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## Gavtek (Aug 23, 2009)

At no point did you say "now can I just stop you there kind sir and enquire what the devil do you think you're doing? This guy is obviously drunk and drove recklessly into the back of my car. What grounds do you have to apportion any blame whatsoever to myself? Please present to me your superior officer immediately"?


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## mangastrings (Dec 2, 2012)

I was informed by the actual captain who was on duty, so came from the top. And was told this information. Next thing we know I am being prosecuted for all the above...... As an expat, it does worry me...


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## Moe78 (Oct 29, 2010)

WTF! Still makes no sense! Sounds like the other guy had some connections then!


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## mangastrings (Dec 2, 2012)

Who knows, what can a person do in these situations? We could have been killed and I am now under massive pressure being accused and with penalties so severe (I am a family man with baby, new start up biz etc etc).... Lets hope the team helping me can resolve this... Thanks for your continued support  it does help...


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## Jynxgirl (Nov 27, 2009)

Do you have any locals that you work with/connected to in any way? I would suggest asking about his family name and any information that they can find out about the individual.


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## mangastrings (Dec 2, 2012)

We have access to the case file with all names involved yes... There does not seem to be anything obvious that has been brought to my attention no... The other car was a rental car driven by the drunk driver.


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## Chocoholic (Oct 29, 2012)

I would be asking serious questions over how a drunk driver, who causes an accident is being apportioned no blame! Don't sit there and take it, you need to get a good lawyer and fight this all the way.

The whole 'wasta' thing tends to be a bit of BS these days, it's only because some people are too afraid to question it and put up a fight over injustice.

I've known several people try to pull strings, only for it to backfire on them in a spectacular manner and see them get what they deserved.


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## pamela0810 (Apr 5, 2010)

How do you know that he was drunk? Was there a breathalyser test done in front of you and does the report state that he was drunk or is this just your assumption?


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## Chocoholic (Oct 29, 2012)

pamela0810 said:


> How do you know that he was drunk? Was there a breathalyser test done in front of you and does the report state that he was drunk or is this just your assumption?


Very good point indeed! I was thinking that if the other driver was obviously drunk AND muslim, there is NO WAY in heck, he'd be getting away with it.


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## mangastrings (Dec 2, 2012)

Hi all, he was officially tested and the police stated he was drunk yes, he was arrested on the spot and will face a totally separate charge for that apparently. But it was made clear from all officials that I was to blame for causing the accident/serious damage to two cars... i certainly am not sitting down and have a very good lawyer assisting me.

However, the other party at first were very apologetic for hitting me, the family members arrived and also apologized etc, then after a few hours changed tune and said it was obvious I pulled out and hit him....


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## Chocoholic (Oct 29, 2012)

mangastrings said:


> Hi all, he was officially tested and the police stated he was drunk yes, he was arrested on the spot and will face a totally separate charge for that apparently. But it was made clear from all officials that I was to blame for causing the accident/serious damage to two cars... i certainly am not sitting down and have a very good lawyer assisting me.
> 
> However, the other party at first were very apologetic for hitting me, the family members arrived and also apologized etc, then after a few hours changed tune and said it was obvious I pulled out and hit him....


Ah so they've obviously been told that he'll get a lighter sentence if he didn't actually cause the accident. Is there anyone (police officers) that can testify that he admitted blame?

By the sounds of it, it's going to be a your word against their scenario and will boil down to how the judge is feeling on the day.


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## pamela0810 (Apr 5, 2010)

Is it possible that you did change lanes without carefully checking and analysing the speed of oncoming traffic? If the drunk drivier was getting away scot free then I would've made a big deal about it but now that you menionted that he's facing separate charges for drunk driving, then there doesn't seem to be much that you can do.


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## mangastrings (Dec 2, 2012)

No, I carefully pulled out (my family member was in the car with me at the time) carefully checking mirrors, indicating and maneuvering slowly. However after 4-5 seconds i looked in my rear mirror and saw a car coming in my lane at a very fast speed, I tried to move back to previous lane but too late and he hit me... There was a witness that was 1 kilometer behind that says he saw the car pass him at a huge rate of knots, but did not see the incident.


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## Moe78 (Oct 29, 2010)

It seems quite odd though. He was drunk and speeding and how would the police know whether you changed lanes dangerously or not? He was drunk, speeding, hit your car from behind. In a different country that sounds like his fault. Now whether you indicated or not can be determined by investigating the lights after impact apparently but that would mean you would/should only be penalized for that infringement if so, not the accident!

What does your lawyer say btw?


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## mangastrings (Dec 2, 2012)

The drunk drivers statement I was told, said I pulled out in front of him.... My experts say that if he was not drunk and speeding excessively he could have easily either moved to the 4th lane to overtake or slow down (even if others believe I pulled out)... . We are just shocked with the possible outcome from this case....


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## Midlifer (Jul 24, 2012)

Looks like OP is from Afghanistan. From what I've seen since arriving he's a little screwed. Get an Emirate lawyer and see what they can do for you.


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