Q: Should I disclose cell phone use after a no-injury car accident?
I've been involved in a car accident where there were no bodily injuries, only vehicle damage. At the time, I was using my cell phone and didn't mention it to the police. The only witnesses were myself and the other driver. I have not yet spoken to my insurance company, but the other driver's insurance has attempted to contact me. Should I disclose to the police or insurance the fact that I was on my cell phone during the accident, and what implications might this have?
A: NEVER ever speak to the insurance company/agent from the other side...
A: You should not be discussing anything with the other party's insurance company. Cooperate with your own insurer.
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A:
Disclosing cell phone use after an accident involves weighing legal and insurance implications. Using a cell phone while driving in California is typically a violation of law, and not being forthright with the police or insurance companies might be considered misrepresentation or fraud. Insurance companies often conduct thorough investigations, and if they discover you were on your phone through call records or the other driver's testimony, this could damage your credibility and potentially void coverage.
You might consider consulting with an attorney before making any statements to either insurance company. Legal counsel can help you understand your obligations for disclosure and the potential consequences based on California's specific laws. Remember that while honesty is generally the best policy, self-incrimination is a complex issue that deserves careful consideration with proper guidance.
The timing of disclosure also matters - coming forward voluntarily often looks better than having this information discovered during an investigation. Whatever you decide, document all communications with insurance companies and request written confirmation of any agreements. Taking this thoughtful approach will help you navigate this situation in a way that protects your interests while maintaining your integrity.
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