Should I sign a declaration of fault. my insuramce adjuster if insistent I sign

UPDATED: Oct 1, 2022

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Should I sign a declaration of fault. my insuramce adjuster if insistent I sign

I accidentally hit someone on a bike, got out to check – was verbally attacked by another person – panicked and left. On my criminal case I pled not guilty – the accident victim’s civil attorney is asking me to sign a declaration of guilt saying I violently ran her over to be able to get my auto insurance for bodily injury- how will this affect my current not guilty plea on the hit and run. The details as to the incident vary between myself and the victim as well as the actual date the victim reported this to the police and the actual date. I don’t feel comfortable about any of it.

Asked on August 10, 2018 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are right to not feel comfortable--you should NOT do this. The declaration could be used as evidence of your fault, and therefore guilt, in the criminal case and could therefore undermine your attempt to defend yourself. When you have a criminal case open against you, you can't say, write, sign, etc. anything that either directly or indirectly implicates you. If you have insurance (as you evidently do), let you insurer deal with this for you while you maintain your innocence. 

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 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.

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