Tacoma, WA asked in Car Accidents for Oregon

Q: His car was not damaged at all but the other car was. The guy scared me into saying it was my fault saying If I didn’t

He was going to call police and me without a license didn’t know what to do. So he told his insurance as well as my boyfriends insurance it was my fault. So now I am so scared and don’t know what to do. A claim has been filled with both insurance company’s.

Related Topics:
1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Personal Injury Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I think you are responding to questions I asked you when I posted a response to a question you posted earlier but I really can't tell for sure as this post is not linked to the prior post. Please understand that the Attorneys who respond don't know who you are and don't work for Justia. We just get an email that there was a question posted and then we respond.

Some websites have a place where you, the original poster, can continue to comment or add to your original post. I don't think Justia has this avenue. You can message an Attorney who has commented and then you and the Attorney can message each other through Justia. You can also contact the Attorney directly or contact any other Attorney you see on Justia for that matter. But don't respond with a new post like you did here. It sets off a new wave of emails to all the Attorneys subscribed and some will be reading this for the first time out of context and will be totally confused.

I am going to guess that what you posted above relates to this earlier post: https://answers.justia.com/question/2019/08/16/i-just-got-into-a-car-accident-and-i-do-710047

First of all the two insurance companies will figure this out. They have nothing to do with the police. All they care about is who pays for what and whether there was coverage. So just let them work it out and if you don't think it was your fault, say so. Hire an Attorney if you don't agree with their decision.

If the guy wants to call the police there is nothing you can do. Let him. Don't worry about. Whatever is going to happen will happen. You made a bad decision. You have to live with the consequences which fortunately aren't that you severely injured someone. Just don't drive again until you have a license and proper insurance.

My experience with Police in Portland is that they don't have time to investigate accidents. The Portland Police are very short staffed right now. I don't know where this accident happened but other cities have similar issues with allocating their resources, especially bigger cities.

(Does the other driver even know you are suspended?) The police generally won't give you a ticket for doing something they didn't see you do unless it is a major felony. (Technically they could issue a ticket based on the other driver's statement that you were driving on a certain date and proof you were suspended on that date, ie a ticket for driving while suspended. They could, but it is very unlikely. They aren't going to decide who caused the accident after the fact unless there is some proof like a camera that shows you running a red light, and then they still might not want to get involved given that it is a minor accident and there is insurance to cover it. Bottom line, if this is small potatoes the odds are that no one will do anything. But if you are on the police radar like with a long history of police interaction and a criminal history, yeah they might be more willing to pursue it. Most people who have had a history of involvement with the police don't say things like they are scared. They already know what is going to happy and they deal with it as their normal. You don't sound like you have been in trouble much so that's actually a good thing.

So if the police contact you and ask you questions about the accident just say that you don't want to talk to them without your lawyer being present and get a lawyer. Even if you don't have a lawyer you have no duty to say anything that would incriminate yourself. So just be calm and respectful and say, officer I would like to respectfully invoke my 5th amend rights and not discuss this matter with you further.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.