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My father was involved in a small car accident, a person from

the other party involved in...
My father was involved in a small car accident, a person from the other party involved in the accident intimidated my father to sign a paper he wrote stating that my father illegally changed lane and caused the accident and so therefore it is his fault. My father although acknowledging some fault on his part due to the confusion and pressure from this person was intimidated by the guy, you sign the paper or I will call the police and causing my father to fear where he should not have at all. The guy even took picture of my father, which I find very offensive. My father is illiterate and can't read or write adequately. But this guy from the other party was just behaving very badly even beyond and we regret now why we haven't called the police. What should we do?
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1/1/2013
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,676
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I am sorry to hear about what your father went through. Has the other driver called the police and/or asked your father to pay for damages? Were the police called and was your fathered cited for any traffic offense?
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Customer reply replied 4 years ago

No he did not call the police, he was not even a witness or part of the accident. He was called by the driver who was a women that probably could not speak english, I assume. He did all the talking. No my father was not cited for any traffic offense, no that I know of. The police was not called, it was a confusion and a blackmailing I would say.

Thank you for the additional information. At this point, the decision is up to your father to contact the police and file a report regarding the incident. This should have been done when the accident occurred, unless agreed upon otherwise by both parties. Drivers do have a duty to report an accident and call the police. Doing so at this point, would only really benefit him, if he had the name and vehicle information of the other driver. The reason being, is that if he does not know who he was involved in an accident with, he would just be reporting it without any information for the police to act on. He certainly wants to avoid possible being issued a traffic citation for the accident and if the other driver has not contacted the police or insurance company, there may not be a need to do it at this time. If the other driver did try and use what he signed against him, he certainly has a valid basis to contest it and not have it used as any type of admission. The man who wrote this and made him signed it, was not even present and intimidated him to do so. Moreover, your father is illiterate, so had no way of knowing what he was even signing. As such, it would not likely be admissible. At that point, it would be the word of your father against the other driver, to determine who was at fault. This would be an issue if a lawsuit was filed, in an attempt to try and recover damages for the accident.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
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Hi Manadou. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
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Customer reply replied 4 years ago

Did you get my last post? I am waiting for an answer or if I should rewrite

I am sorry but it did not appear. If you can repost it, I would be happy to answer it.
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Customer reply replied 4 years ago

The damage to the car, we could fix it as it is really not that bad. But what we are concerned about is the attitude tricky and blackmailing of this person. He asked us to call him today. I know that after the scene he was heading to his insurance company to report...so I wonder if there is even a need to talk with him because he is so strange. My father is an upright person and wanted to take responsibility of the damage and fix it with no problem but the guy with his attitude by recording conversation, taking picture of my father while signing the document is kind of troubling to us and we want to know what you can advice us with regard to him in order to protect ourselves because I am afraid he will be asking us more than repairing the car's damage because he probably wants money in a dirty way by intimidation and blackmailing us. How do we deal with that? thanks!

I certainly understand. Your father would only be responsible for the cost of repair and any other costs associated/related with it. If this man was not involved at all, your father should not be speaking with him. He should only be dealing with the women and her insurance company. If they want to contact your father, they have his number. Your father can also provide her with his insurance information and let the insurance companies deal with it. There is nothing which you stated above that would make your father liable for anything outside of the damage, if in fact he admits that he was at fault. The actions of the man in taking the pictures mean nothing. If he calls your father, have your father ask to speak with the women, her attorney or the insurance company. He does not have to deal with this man and if he does try and blackmail your father, the police should be contacted and this should be reported.
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Customer reply replied 4 years ago

Excellent, thanks!

You are welcome. If you have not already, please remember to rate my help with 3, ,4 or 5 faces, so I can get credit. Thank you!
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience: 10+ years defending Misdemeanor and Felony cases.
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