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Auto/Pedestrian accident defense--Do I need to disclose cell phone use to claims adjuster?

San Diego, CA |

I was the driver in an auto/pedestrian accident where the pedestrian ran out into the intersection at night against a "Don't walk" signal and sustained serious injuries. A witness corroborated my statement that my light was green, I was not speeding & the pedestrian ran out in front of my car. At the time of the accident my cell phone was in use on speaker phone. I was not distracted; I was not actually talking/handling the phone at the time. The police report states I did not use a cell phone, though I was never asked. I did not report this & was never asked by the claims adjuster. I was found to be at no fault, but I believe the pedestrian is going to sue me. I am concerned that I'll be found to be at fault though I was not distracted. What should I do next?

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Attorney answers 3


If you are sued, you should contact your insurance adjuster immediately and they will assign you an attorney to defend you. You should consult with him or her about the facts of the case as everything you discuss with them would be subject to attorney client privilege. Let your attorney decide as to how you proceed.

NOTE: Nothing in this statement is intended to create an attorney client relationship. Attorney does not agree to take any action on this matter unless a written retainer agreement is signed by client. Attorney is solely licensed in the State of California.


Right now it sounds like you need to do nothing. I always advise clients not to talk to anyone but their lawyer in these types of situations. If you get sued, you should cooperate with your insurance company and be completely honest with the lawyer they hire to defend you.


Cross that bridge when you come to it.
If you are sued, you will transmit all the paperwork to your insurance company who will then assign you an attorney for your defense. You should consult with your attorney regarding how to handle that issue.

I hope this helps-

Nima Taradji

Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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