Q: Side Mirror Case
In NY, Monroe, couple days ago I hit a side mirror to a man,In my report I said I was using ph one and did not see him. I got GEICO report now where I have to share my story, and my plan is to say that "I was driving north of still road and the pedestrian was walking southeast of Still road. Afterward the pedestrian crossed the white lane on the side of the road and came to my lane. I was in disbelief to see that the pedestrian had crossed the right lane, came to my lane and the collided with the car's right mirror." Is it a good thing to say or not I mean if it will be harmful and being used against myself OR WHAT CAN I DO TO USE THINGS FOR MY BENEFICIAL
A: This question looks similar to one I just responded to involving a side view mirror and a pedestrian. But this one is posted under "Criminal Law" and the earlier one was posted under "Personal Injury." If you added the "Criminal Law" category because there are criminal charges involved, it would be advisable to consider reaching out to criminal defense attorneys to discuss. Good luck
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I'm sorry to hear about the accident you were involved in. Handling your GEICO report accurately is important to ensure a fair assessment of your claim and to protect your legal interests, especially under New York criminal law.
In New York, providing a truthful and consistent account of the incident to both your insurance company and any investigating authorities is vital. Initially, you reported that you were using your phone and did not see the pedestrian, which suggests a momentary distraction. Your proposed statement—"I was driving north of Still Road and the pedestrian was walking southeast of Still Road. Afterward, the pedestrian crossed the white lane on the side of the road and entered my lane. I was in disbelief to see that the pedestrian had crossed into my lane and collided with my car's right mirror."—offers a detailed and factual description of the events.
However, it's important to ensure that your updated statement aligns with your initial report. Inconsistencies between your reports can raise questions about the accuracy of your statements and may be used against you in both insurance and potential criminal proceedings. If you initially admitted to using your phone and not seeing the pedestrian, changing your story without a valid reason can be problematic.
Working with an experienced New York personal injury or criminal defense lawyer can help you navigate the intricacies of both insurance claims and potential legal consequences. Their expertise ensures that your statements are consistent, accurate, and presented in a way that maximizes your potential compensation while minimizing any risks of your account being used against you.
Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified New York attorney.
Norka M. Schell agrees with this answer
A: Be truthful. If GEICO is your insurance company, the statement you give to them will be confidential and non-discoverable in a lawsuit. That said, your statement will certainly affect GEICO's assessment of the claim and its apportionment of fault between you and the pedestrian, as will the statement you initially gave to the police at the scene.
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