Palmdale, CA asked in Car Accidents for California

Q: I was rear ended while vehicle was broken down and failed breathalyzer can I get damage cost from vehicle that hit me

Should I report it to my insurance without the dui jeopardizing me

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1 Lawyer Answer
William John Light
William John Light
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Whether and what to extent the other party is obligated to compensate your property damage depends on the facts and circumstances of the collision, which we don't know. Did you pull off the road completely? Did you turn on your flashing hazard lights? Did you attempt to warn oncoming motorists? Your own conduct may create substantial comparative fault, which would reduce any recovery. That same conduct might create liability to the other party for their own property damage and/or personal injury. You should notify your insurer of the claim. You have a duty to do so and if you fail to comply, your insurer may have a justification to defend you or pay any damages for which you are liable.

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