Legal Question in Personal Injury in California
Sacramento, CA. (Note: My insurance expired 3 days before this accident.) I was hit by a hit & run driver that caused me to weave all over. A 2nd driver hit me because of my weaving. The CHP determined there was not enough evidence to find any fault. However, the officer left out the hit-n-run in the report. 1 month later the other drivers insurance called & warned that I was being sued as the one at fault. I went to the CHP to add the evidence that was left out. It was accepted. The insurance read it and noticed I stated I had pictures of the damage to my car. They are asking me for those pictures. Do I have to give the pictures to them?
2 Answers from Attorneys
If you want to prove your innocence, you damn well better give up those photos. How else are you goint to attempt to prove you innocense. You have a big uphill battle. You will have to prove that you did not over-react and that you did not have the chance to avoid the hit and run driver. Good luck to you. I am in Sacramento, and I can be hired.
What good would the pictures be if they do not prove that you were hit and that caused you to weave? You mentioned the pictures and will have to produce them now and hope they prove your case and convince the insurance company that it wasn't your fault. If you do not produce the pictures you will be sued and will be forced to produce them as evidence in the court case anyway. The determination of fault by the CHP is not binding in the lawsuit if you are sued. It is an educated opinion only and not admissible evidence at trial so do not rely on it. Since you did not have insurance you will have to get a lawyer if you are sued. Therefore try to resolve the case now before you are sued do you do not have to spend money on a lawyer and court costs. Good luck...and buy insurance. You might lose your license for being uninsured regardless of fault in the accident since DMV requires you to file a report about the accident and state the information about your insurance company at the of the accident because you must prove financial responsibility even if you were the victim of a hi and run accident.
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