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LegalEagle1, Attorney
Category: Legal
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Experience:  Practicing attorney licensed for over 25 years.
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I was in an accident and they have determined that I was at

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I was in an accident and they have determined that I was at fault. No one was hurt. We both walked away from the accident. 4 hours later someone comes to the police dept. to say they saw the accident and it was my fault. Now my ins co. wants me to get a notarized affidavit stating that I know of no defect with my car, I know of no defect in the roadway, I was not under the influence of alcohol or drugs, I know of no other ins. other then my car ins. I do not know of nor do I possess any umbrella or excess liability ins.

My question is should I sign this? My ins co said I should.
Hello and welcome to JustAnswer. I would like to assist you with you question today.

I would like some more information before I assist you.

You stated no one was hurt, what sort of damage resulted from the accident? If it was property/vehicle damage to whose vehicle?

Who determined the accident was your fault, and why?
Customer: replied 4 years ago.

Both cars were totaled. I had a green light. The only thing I can determine is that I was driving slowly and while proceeding through the intersection the light was changed from green to yellow and she proceeded into the intersection. I did hit her. As I said no one was hurt. There was a police report, which states 3 to 4 hours after the accident someone came to the police dept and said they saw the accident and that I went through a red light. So my ins. pd for the cars. Now she is seeking money for soft tissue damage to her. My ins has a limit of liability of 15,000. And they want this paper notarized stating I do not have an umbrella policy or excess liability ins. coverage. I am wondering if I should get an attorney or just send in the paper. After I sign can she proceed with trying to get more?

If the claimed damages exceed your policy limits you could be held personally accountable for any amount above the policy limits.

If you had a green light and she entered the intersection when the light was yellow, it would seem that there may also be an issue as to if you were at fault. Or the other driver may be partially responsible. So if you have questions regarding this there is no downside in contacting an attorney on your own and having them review your situation in detail.

If your insurance company is going to settle the case for the policy limits, you will want to make sure that you are released from any claim for excess damages. Usually to accomplish this the person claiming injury wants to make sure there are no additional policies that may cover the situation. Again, if you have specific questions about the form, having an attorney review them with you makes sense and is the prudent thing to do.

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