What to do if I was in an auto accident and the police report deemed the other party at fault but I was charged with a DUI at the scene?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was in an auto accident and the police report deemed the other party at fault but I was charged with a DUI at the scene?
now the other parties insurance wants to only pay for 50% of my damage. Should I fight it?
Asked on November 7, 2012 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
CA has comparative negligence which means that both the plaintiff and defendant may both be at fault and therefore the percentage of fault of a party will determine how much that party can recover.
Although the other driver was at fault in the accident, the insurance company is claiming that since you were charged with DUI, that was also a cause of the accident.
You can challenge this by rejecting the settlement offer from the insurance company and suing the at-fault driver/registered owner of the vehicle (if the registered owner is someone other than the driver) for negligence.
It is NOT possible to predict how a court will rule in this matter. The court might find that you are less then 50% liable and the other party is more than 50% liable or it could find that you are more than 50% liable and the other party is less than 50% liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.