Legal Question in Traffic Law in Maine

Traffic accident liability: what might happen?

I was driving to a job, looking for a street early in the morning. I notice the street sign, look in my side mirror, decide I can get into the left-turn lane and make the turn. I execute this move and immediately hit a car, beside me, that I didn't see. We pull over. His mirror is broken and the side of the car has some small dents. He said he can't afford to turn this into his insurance, and since I clearly was at fault I didn't push the issue. He said the repair wouldn't be much, and I said I would take care of it. However, the cost has turned out to be more then he or I expected, and I simply might not have it ($1,100 v. $600)

Question: What are the chances that I will still be ticketed for the incident, if he calls the police, several days after the fact.

Without an accident report, will he be able to sue me for the damages, or for his insurance deductable.

I hope to be able to resolve this, and take care of the guys mirror and dents, but would like to prepare for the worst.

Thank you.

DF


Asked on 4/07/06, 7:00 pm

1 Answer from Attorneys
James Hall Qua, Hall, Harvey & Walsh

Re: Traffic accident liability: what might happen?

Given the facts presented, you will be fully responsible if you go to court if the estimate is fair and reasonable. Also both of you have criminal exposure for failing to notify the police and your insurance companies about the accident. I would be more worried about failing to notify insurance and the police than a traffic citiation. You should make an offer of settlement to him and get a release. Really you should consult an attorney to fully protect yourself, as I have only got about 3 lines of the facts. The true answer to this question depends on many facts which would be flushed out in an attorney consultation. However, such a consulation and the drafting of a release would more than overmatch the differential in what you think is a "fair" repair cost and the "shocking" cost that he presented you.

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Answered on 4/08/06, 10:26 am


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