Last night I was involved in a very severe accident. I hit the back of the other car while either he was stopped in the fast line or was going by 10 mi/hr. I was going 65mi/hr and I dont think I had any chance for any maneuver. When CHP arrived they suspected other cars driver and I guess they were doing DUI test on him.
finally they decided to arrest him but he hit both officers and tried to escape and finally got arrested.
Do you guys think that I have to prepare to go to court? do I need to get a lawyer? I have full coverage insurance on my car can this person sue me for something?
he didnt seem to have any problem at that time.
2007-01-14 17:28:49 · 7 answers · asked by Mike 1 in Cars & Transportation ➔ Insurance & Registration
Is he going to sue me or the insurance company?
2007-01-14 17:30:11 · update #1
Let your insurance handle this. Even though the guy is in legal trouble, it does not involve you (in that sense only). Inasmuch as you rear ended him, you will probably be found at fault for the accident, but again, no legal implications beyond a normal accident.
2007-01-14 17:35:00 · answer #1 · answered by David 3 · 0⤊ 0⤋
As far as criminal liability is concerned, you're okay. It was an accident and just that. However, in California (where I assume you are since you said CHP) if you rear-end someone, you will be found at fault in the accident as long as you reasonably should have been able to avoid the accident. For example, he's driving along at 10mph...even though, you should have traveling in such a manner as to see and avoid the collision. No offense to your driving, just saying the responsibility for the wreck will likely land on you. But then again, the other guy's DUI and subsequent battery on the officers may cloud the waters as far as liability goes.
Long story short, let your insurance company hammer out the responsibility. From what you said, you didn't do anything wrong criminally, so you shouldn't need to worry about getting a lawyer unless the guy does decide to try to sue you. Which, by the way, sounds very unlikely. The only thing he could say is that you injured him horribly. Well, if that was the case, why did he feel good enough to attack the CHP officers? On another note, if this guy, his lawyer or insurance company call you, DON'T say anything! Refer them to your insurance company. Good luck.
2007-01-15 01:44:16 · answer #2 · answered by Max 2 · 1⤊ 0⤋
Due to the intoxication level of the person and the fact that they were impeding the flow of traffic, that person will more than likely be the one who is at fault for the accident, even though you were the one that rear-ended him. Not all rear end accidents are the fault of the striking vehicle. Get a copy of your accident report when it's ready. It should tell you who was the person most at fault in the accident.
Based on the information you have given, he's the only one needing a lawyer right now.
Your insurance company will handle everything for you as far as the accident goes. That's why we pay such high premiums.
And if the guy does try to sue you, get a copy of his incident/arrest report. You can subpeona the officers that were on scene for their testimony as well as your own. I don't think he would have a leg to stand on in court.
2007-01-15 01:46:09 · answer #3 · answered by bluelights 3 · 0⤊ 0⤋
I can pretty much 99% guarantee you that you will be found at fault for this accident. It is a common misconception that just if someone is arrested for a dui or doesnt have insurance or something they will be found at fault for the loss. The reason this accident occured is because you failed to maintain proper distance. You have no PROOF that he was driving too slow.. but you do have proof you didnt maintain proper distance ( the damage.) As long as you have insurance they are going to take car of everything for you... i dont know why everyone feels they need to go running to a lawyer
2007-01-15 09:44:19 · answer #4 · answered by la428282 6 · 0⤊ 0⤋
I am surprised that you were not charged with following to closely and without due care and attention It matters little whether the other guy was driving under the influence.
I find it quite likely that this matter will become an issue with your insurance company
2007-01-15 05:18:34 · answer #5 · answered by trendz 3 · 0⤊ 0⤋
It sounds like you may have a good case for him being responsible, but talk to your insurance before you donate to some slimy lawyer.
2007-01-15 01:36:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no / not yet, wait to see if there are any complications that involve you.
2007-01-15 01:38:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋