She borrowed my car went to a wake, head to a bar after. later that night she crashed into a tree at 3 am, the police came to the scene and didn't give her a sobriety test. She has a broken wrist and ankle from the accident. I had to call the insurance to put in the claim, I wasn't at the scene to tell them what happened, so she told them what happened saying she got tailgated and got hit from behind and head onto the tree, but there's pictures of the car with no damage on the rear what so ever. The officer's police report said she fell asleep on the wheel and crashed. Now my insurance is giving her a date for Examination Under Oath. Her story doesn't match up with the police report. there's no proof of her D.U.I. because there was no sobriety test. Can she be charged later found guilty?
Lawsuit / Dispute Attorney
Read your policy. Almost certainly, only you can be subject to an EUO as an insured. This has been litigated in many states, but I don't know about Mass.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Personal Injury Lawyer
I'm sorry to hear about your situation. Unfortunately it is virtually impossible to prove a DUI after the fact. I would retain local counsel to come up with a strategy. It doesn't sound like a strong case if you went the DUI angle but you could get her for something else.