What should I do?
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What should I do?
I live in Washington state. I don’t have
car insurance. The motorcycle that is
involved doesn’t have insurance. I was
In the right hand Lane and turned right
into a gas station and a man on a
motorcycle was flying down the bicycle
lane to my right and we collided. He has
no physical injuries. He thinks the
accident is my fault and wants me to pay
1000’s of dollars to fix his bike. It is
illegal to pass cars and drive in the
bicycle lane on a motorcycle. If I just
ignore him will I get in trouble?
Asked on July 26, 2018 under Accident Law, Washington
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
If you ignore him, his option is to file a lawsuit against you. He can only win the lawsuit if he can show that you, and not him, were at fault--for example, that it appears you turned without signaling so that he had no warning you were turning, or you turned abruptly at the last moment so he could not avoid you, etc. That he may have been driving illegally does not mean he, not you was at fault--it may result in tickets and fines for him, but fault is about who was careless in causing the accident, not who may have been violating traffic laws.
If he doesn't sue you, you don't have to do anything. If he does, you have to respond to it or else you will lose by "default" (like forfeiting a ball game by not showing up). If you do respond, as stated, he then has to prove your fault to win.
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