Q: I was rear ended by a motorcycle who is 100% at fault per his insurance. His Injury Lawyer wants EDR data.
Myself and my insurance company got a certified letter from the personal injury lawyer requesting this data. I contacted my insurance company and i told them I was ok with the data download if plaintiff lawyer arranged and paid for it.
Is there any reason why i might not want to give up this data? The car in front of me stopped while merging, I bumped into them going 5MPH, the motorcycle crashed into me from behind and got injured.
A: The motorcycle is at fault for not leaving enough room to stop in time given the conditions present on the roadway. Whether you are at fault for rear-ending the car in front of you is less clear, since you are also responsible for leaving adequate room to stop, but if the car in front of you merged and stopped quickly s/he may be at fault for unsafely merging into your right of way. I don't think providing your EDR data will affect your liability, but it's a good idea to get your insurance company's ok before providing it.
A:
let your insurance co handle it.
if you rear-ended the car in front of you FIRST, then you are no doubt at fault...however, the motorcycle, like you, should have arguably been farther behind and thus is also at fault................
if you were not injured, just let the lawyers for your insurance co deal with it.
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.
