Legal Question in Civil Litigation in California

I hit another oncoming vehicle (rural CA night), and left the scene. I went home and notified Law Enforcement 8 hours later. L.E. came to house and questioned me, said the lady I hit did not want to press charges, no injuries and just wanted her car fixed. That was that and now 10 months later the ladies attorneys wants disclosure of my insurance policy limits for personal injury/, that happen to be low 25,000/ 50,000.

Question: Could this ever go to D.A. and turn Criminal (I am 100% clean)? If Personal Injury claim is above my limit will they really try to sue a guy who is middle class and not RICH? Should I try to find this person, apolgize...Please help


Asked on 10/16/09, 12:12 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

It seems that the criminal aspects are over with as the DA is not going to start up on a ten month old case. You did break the law by fleeing the scene of an accident so you got lucky.

Some physical injuries do not manifest themselves until several days after an accident, so it is possible that she was injured. You should not call her as she is represented by an attorney; it is a bit too late to apologize ten months later. Call the attorney immediately to find out how much the medical bills are, what her injuries are, wage loss, vehicle damage [already taken care by your insurance company?]. If your insurance already knows about the accident you rates are already effected , turn over all the information to them and they will defend you at no cost. You can tell her attorney what the limits are [$15,000 actual minimum and most common policy limits in California]

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Answered on 10/16/09, 1:48 am
Terry A. Nelson Nelson & Lawless

Yes, you can be sued for any damages claimed, without regard to your insurance limits. Any judgment in excess of that would be your responsibility. Turn this over to your insurance immediately and discuss the situation with them. The DA 'probably' will not file, since the victim declined at the time.

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Answered on 10/16/09, 1:24 pm


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