Legal Question in Personal Injury in California

I was in a minor car accident (my fault, admitted) the car I hit suffered a minor dent to his car, most of the damaged was to my car, also minor. The driver of the car I hit told his insurance company and mine that I was intoxicated at the time of the accident. No police were involved. How much credibility does his alegation hold. By the way my isurance company is now trying to cancel my poilicy on some other ridiuculous technicality.


Asked on 10/17/09, 4:14 pm

2 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

If he makes that claim, he has to prove it as he has the burden of proof. It will be difficult unless he has some witnesses or other objective evidence. If its just his word against yours and there are no other facts then he would have a tough time. At the end of the day it�s a question of what damages were caused. Are you sure he isn't going to claim he was injured? How much damage to his car? By the way your insurance won�t cover punitive damages that is damages to punish you in case you were drunk so I don�t know wh he would say that and jeopardize the coverage. I�d make the claim fi I had a reasonable basis and was injured to get maximum value for my client�s case though so maybe more is coming down the road.

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Answered on 10/19/09, 12:44 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Is the cancellation proceeding? It is only his opinion of course regarding the intoxication. Contact me directly.

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Answered on 10/19/09, 7:23 pm


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