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Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1112
Experience:  Licensed attorney helping individuals and businesses.
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I was involved in an accident where I rear ended someone and

Customer Question

I was involved in an accident where I rear ended someone and at the scene of the accident the man was fine, he even moved my car out of the street because I was just too shaken to do so, he also made a statement "everyone I'd fine here no one is getting sued", well now he is suing me. He barely had any damage to his car, no airbags deployed and there was a third party that stopped because he tapped her bumper, no damaged to her car. My car suffered the most damage. I received a declaration and did not return it and State Farm is acting as a go between because they offered them a settlement already and they did not accept it, I did not return the first settlement because they asked for too much information, and I just received another declaration from them but I take issue with a couple of the statements. The first one is I understNd that if found liable for the accident that anything over the $25000, I am responsible for 2) also that the man can descend the settlement if he wants 3) california civil code section 47 shall not apply to the statements in the document. They asked me things like do I have any other insurance policies, do I have any access of money in the bank, which I have neither. But I am still not comfortable signing this, but they are threatening to sue me. How do I know he didn't incur any injuries after the accident. The accident occurred Sept 9, 2013. There is a witness to his statement at the scene also, and his actions. We were at a stop and go stop sign and they came to abrupt stop and I hit my brakes and slid into the back of him. It wasn't blunt force and it may have been at 10 mph, if that.Any advice is greatly appreciated, thank you.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your questions. Please permit me to assist you. I will make sure to answer each of your concerns but please be aware that I will do my best to answer everything honestly and correctly--if the information is not favorable kindly do not blame the messenger. You asked:1. How do I know he didn't incur any injuries after the accident(?)You do not UNLESS he files suit. Then via discovery you can likewise demand declarations and proof of his medical bills if any that are related to this incident. What you are going through now is a settlement negotiation where the parties agree to not go to court. This is likely favorable to you, since if you rear ended this person, it is very tough to claim or argue that you aren't completely liable for injuries. Furthermore, the request for your financials, while uncomfortable, is a reasonable request--please know that you are ultimately liable for damage beyond your insurance limits, and the other potential plaintiff is entitled to know what he can pursue in case you are unable to both reach settlemtn. Sincerely, ***** *****