Legal Question in Personal Injury in Georgia
Uninsured Me made Deal with Cops to avoid jail but is accident my fault?
An insurance company is suing me for $5000 for tapping a jaguar as it was making a right turn off the interstate. It's not really a 90 degree right turn, but the lane going to the right with a sign posted that says ''Keep Moving.'' There was a decent amount of traffic. The jagaur stopped, and I stopped behind it. The jagaur then started to go, I started to go, and the jagaur stopped before I could brake to avoid hitting it. I didn't have insurance. When the police arrived, the officer told me he wouldn't take me to jail for no insurance if I agreed to pay their deductible. I agreed. He said he would testify against me that I admitted fault if I did not pay their deductible. I never admitted fault. I have paid their deductible and have proof of this. First, was the accident due to my negligence, or the other driver? Second, I did not admit fault. How can I show this if the officer decides to testify against me? Did I screw myself by taking the ''no jail deal?'' Is he allowed to testify against me that I admitted fault when I didn't in exchange for the abovementioned ''no jail deal?'' Thanks.
2 Answers from Attorneys
Re: Uninsured Me made Deal with Cops to avoid jail but is accident my fault?
I would like to add this to my previous answer: Since you paid the deductible (and assuming they cashed the check) you can now plead "accord and satisfaction" as a complete defense in the suit against you. That should relieve you of having to pay anything else.
Re: Uninsured Me made Deal with Cops to avoid jail but is accident my fault?
First, was the accident due to my negligence, or the other driver? Even without the cop's testimony, you are probably going to found to be at fault for following too closely.
Second, I did not admit fault. How can I show this if the officer decides to testify against me? Well, you can't prove a negative if he testifies against you.
Did I screw myself by taking the ''no jail deal?'' I don't think so; it's clear the cop felt you were at fault and was probably just trying to wrap things up.
Is he allowed to testify against me that I admitted fault when I didn't in exchange for the abovementioned ''no jail deal?'' Nobody is supposed to lie under oath, but, unless you have other witnesses, he can probably get away with it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
