Milpitas, CA asked in Car Accidents for California

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.

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2 Lawyer Answers
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Personal Injury Lawyer
  • Rohnert Park, CA
  • Licensed in California

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.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

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.

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