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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16154
Experience:  Licensed Texas General Practice Attorney
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I was in a car accident. I made an unprotected left turn.

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I was in a car accident. I made an unprotected left turn. Even though the person was not there when i initiated my turn, i am the one at fault. my insurance accepted 100% liability. i received a notice from the DMV today that the other person's attorney requested my driving record. is this a normal thing after an accident? i'm in the state of california and no lawsuit has been filed yet.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Generally speaking, yes, this is a first step in an investigation as to whether or not a lawsuit would be worthwhile.

ScottyMacEsq :

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.

ScottyMacEsq :

This is actually a good thing, particularly if you don't have anything else on your record.

Customer:

ok. now, suppose i have other accidents on my record but i am not at fault

ScottyMacEsq :

The reason is that if it was a strong case, the attorney wouldn't be requesting this information.

ScottyMacEsq :

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.

ScottyMacEsq :

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.

Customer:

ok. so, they are trying to figure out if they can build a case against me.

ScottyMacEsq :

Pretty much. Again, it's probably a good sign, in that they need more to establish a stronger case against you.

ScottyMacEsq :

If they don't have that information, then it's probably not economical to sue.

Customer:

ok. should i be worried at all?

Customer:

there is one accident i am at fault for, but it's like 3 or 4 years ago.

ScottyMacEsq :

I would not be worried, assuming you were not drinking and driving or texting and driving.

ScottyMacEsq :

The reason is that your insurance would defend you even if you were sued.

ScottyMacEsq :

Otherwise, if you're drinking driving a texting and driving, they might not defend you and say that you are on your own.

Customer:

i wasn't drinking or texting and driving.

ScottyMacEsq :

I didn't think that you were. I'm just saying those would really be the only situations where you should be scared.

ScottyMacEsq :

...or worried

Customer:

i know. i'm just stating the facts for it. =)

Customer:

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.

ScottyMacEsq :

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.

Customer:

not a problem. i wasn't on my phone at the time.

ScottyMacEsq :

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!

Customer:

thank you! you've put me at ease.

ScottyMacEsq :

You're welcome, and again, good luck to you!

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