Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Generally speaking, yes, this is a first step in an investigation as to whether or not a lawsuit would be worthwhile.
That is, the other side's attorney is seeing if you have any other issues on your record that would indicate that you're a "reckless" driver.
This is actually a good thing, particularly if you don't have anything else on your record.
ok. now, suppose i have other accidents on my record but i am not at fault
The reason is that if it was a strong case, the attorney wouldn't be requesting this information.
As for other accidents that you're not at fault, that would not indicate that you're a reckless driver and would not help the other attorney.
That is, he would want to prove that you were reckless other times, and that's certainly not the case if you're not the one at fault.
ok. so, they are trying to figure out if they can build a case against me.
Pretty much. Again, it's probably a good sign, in that they need more to establish a stronger case against you.
If they don't have that information, then it's probably not economical to sue.
ok. should i be worried at all?
there is one accident i am at fault for, but it's like 3 or 4 years ago.
I would not be worried, assuming you were not drinking and driving or texting and driving.
The reason is that your insurance would defend you even if you were sued.
Otherwise, if you're drinking driving a texting and driving, they might not defend you and say that you are on your own.
i wasn't drinking or texting and driving.
I didn't think that you were. I'm just saying those would really be the only situations where you should be scared.
i know. i'm just stating the facts for it. =)
now, i do have a ticket for non free hands device use, but it was last year and i heard that does not go on your driving record.
that should not be a problem. So long as you show your cell phone records that would indicate that you are not using your phone at the time, then that would overcome any issue.
not a problem. i wasn't on my phone at the time.
that's good to know. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
thank you! you've put me at ease.
You're welcome, and again, good luck to you!