Can I fight a car accident case that wasnt my fault?
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Can I fight a car accident case that wasnt my fault?
Last year in 2018 on July 17th I was drinking with my
sister and had to drive us home on my way home I
was turning left on a green light and as I was turning
a car didnt stop when it was supposed to and it hit
me. Out of fear I decided to flee the scene because I
had no insurance or license and I was under the
influence. So they arrested me but they let me go the
same night. A couple months later they filed a
subrogation claim on me but I wasnt at fault even
though I was driving under the influence and i did not
have insurance or a license. Do I still have to pay
money ? They also filed a warrant for my arrest can I
please get some advice ? What should I do and can I
fight this?
Asked on September 6, 2019 under Criminal Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you were under the influence, the accident was almost certainly your fault, at least in the law's eyes: the presumption is that the impaired driver caused or contributed to the accident due to his/her impairment (e.g. impaired judgment, reflexes). Further, if you had no license, that also supports finding that you were at fault, since there's usually some reason you don't have a license: you never got one, so you are presumed to have less skill and practice; or it was taken away for bad driving; etc.
You are not likely to win this case--you should consider trying to negotiate a settlement (e.g. an amount to pay and payment schdedule) you can afford. Since you should hire a lawyer to help you deal with the warrant, the lawyer can also try to negotiate a settlement for you.
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