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I was in an accident and now the other driver is threatening to sue, should I be worried?

Oxnard, CA |

I am certain I had the green light, as 100 feet back from the light I slowed down because it was red, but then went back to speed when it changed green, so when I got to the intersection, I did not even realize a car was there, and I hit the back end of his car. The driver and myself were not injured, but he had stated he had been drinking. In addition, he does not have a valid license. He stated that if I called the police, I would have to lie and say his friend was driving. His intimidation caused me to not call the police until after I left the scene. I filed an incident report with the police. The other driver says he had the green, I say I did, so therefore insurance will pay for our own bills, but not the others deductibles. He says he will sue because I lied. Should I be worried?

I should add that no one was injured, and there were no other cars nearby. He did have his young son in the passenger seat.

Attorney Answers 6

Posted

If he files a lawsuit, immediately report it to your insurance company and send them the paperwork. You may want to give your insurance company a heads-up even. Try not to worry. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

You reported it to your insurance company, so that was the first important thing you accomplished. As for whose at fault, both of you will apparently claim that the other went through a red light, so it is a question of credibility in determining fault. Just sit back and if you are served with legal process just turn it over to your insurance company right away.

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Asker

Posted

My fear is that because his credibility is much lower (he stated he was drunk, he has prior DUI's, had no valid license) he will have to pay the insurance, but because he has to pay, he will sue me and say I lied. He also has been calling me (4 times in 2 days), harassing me with these threats saying "you lied, and I'm going to sue you" or "You know you did it, what your saying is bull#^%@", so I'm essentially trying to get the calls to stop

Posted

If I were you I would be worried that you did not tell the truth, as that will cast doubt on everything you say in the future, but there's nothing you can do about that now. From this point forward you need to start telling the truth and try to not be intimidated by the other driver. He clearly has his own interest in mind - not yours. Report the accident to your insurance company immediately. They will ask you to make a recorded statement and you should tell them everything, including the bullying you received from the other driver. They will take care of the case for you.

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Asker

Posted

I am not worried that I knowingly lied, I am worried that I un-knowingly did. Like I said, I am fairly certain I had the green, but I know I may have just not been looking at the correct light, or whatever the case may be. So all the information I gave to both insurance companies is true to my recollection.

David Lee Fiol

David Lee Fiol

Posted

You can not "unknowingly" lie - a lie is a deliberate falsehood, so what you are now saying is that you may have simply been mistaken. Try to be as clear as possible in dealing with this situation; best of luck.

Posted

If you are in an automobile accident and the other party is threatening you, this matter needs to be reported to the police department. Turn the matter into your insurance, let then pay the property claim, and let then file suit to recoupe the money.

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Posted

Simply report the accident to your insurance company to resolve.

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Posted

Term this entire matter over to your of the liability insurance carrier and let them handle this for you. That is why you pay them a premium.

Legal Disclaimer:

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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Lars A. Lundeen

Lars A. Lundeen

Posted

Above should read: Turn this entire matter over to your liability insurance carrier and let them handle this for you.

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