Q: I was in an accident in Oregon and was cited for making a dangerous left turn. Am I 100% liable? see more information...
My insurance only covered part of their damages and now they are going after me personally for $30k. I read in the police report that the other party had a drink earlier but by the time tests were performed to her at the hospital, her blood alcohol levels were within the legal limits. Should I be 100% liable when: a. It was a yellow light for all drivers (witnesses named in report) and in Oregon running a yellow is like running a red. And b. She stated that she had an alcoholic drink?
A: The traffic citation does not prove you were at fault in the accident. It is only the police officer's opinion. Hopefully you just pleaded no contest so you didn't admit that you were at fault. I don't know all the facts so I can't assess the fault independently, but there is a possibility that a judge or jury will find that the other driver was partially at fault. I don't think that the fact that the other driver had a drink by itself establishes inebriation, however a medical expert might be able to infer what the alcohol level would have been at the time of the accident once you establish what it was at the time of the test in the hospital and do some calculations to estimate what the level was likely to have been earlier when the accident happened. What doesn't make sense to me is your statement "My insurance only covered part of their damages and now they are going after me personally for $30k". Your insurance should not have paid them a dime without getting a full release for all your liability. As long as there is an unsettled claim against you, an no release has been signed, your insurance company has to defend you, even if the Plaintiff is seeking more then your insurance will ultimately pay. Insurance companies will spend a lot of money to defend a case. So make sure that your insurance is going to get an attorney to defend you. If you think that the verdict could exceed your coverage, get your own attorney to advise you what your next step should be to protect yourself.
1 user found this answer helpful
A:
A lot depends on where impact occurred at interesection, on your vehicles, why you didn't see her,why she didn't see you.
It's not a lock, but if you didn't get the citation reduced or plead no contest, depending on how Oregon treats citiations not
helpful.
If all you got was a letter from your insurance saying they are looking at paying her and you owe 30, that's one thing. If the other side got a judgment, that is another.
However if your insurance paid and you got a letter from the lawyer you need to call up the adjuster on your case and find out if a) they paid and b) did they get a release, in which case get a copy.
You really should find this out before you worry. If it doesn't resolve things then you need to get a consult from an attorney who handles crash cases to decide if YOU have a case or not--oh, and does the other person.
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