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Got into incident with another driver, was physically

Got into incident with...

Got into incident with another driver, was physically attacked ,there were no witness.he reached in my car cussing and yelling then pulled key out of ignition. I got out looking for key fob,he was trying to get me to fight,he poked and pushed me but i wouldnt fight. when I couldnt find key and he strarted to leave I kick his door putting small dent 3-4". He got out swinging at me I ducked a couple punches then wrestled him down got on top and pinned him telling him I didnt want to hurt him I never punched. When I let him up he ran over and kicked in door of car was driving. I then punched out his driver side glass. He came after me again I picked up stick while he was looking in trunk for a weapon.He tried to get me to hit him with stick , I never did he had no weapon so I threw stick down.He then picked up his glass put in trunk. I took pictures of his car,him and license plate ,he took pictures of my car.

Lawyer's Assistant: What state is this in? And how old is the car?

California Loa Angeles county

Lawyer's Assistant: Has anything been filed or reported?

Not from me that is what I need to know

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wrote a full statement yesterday when I got home, happend 12:30 yesterday

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Customer reply replied 1 month ago
should I file a report with local sheriff.
Am I criminally or civil liable
Customer reply replied 1 month ago
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Answered in 9 minutes by:
3/10/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 551
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am currently reviewing your questions and should have a response to you shortly.

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I am very sorry you had this situation arise. It is advisable to file a report with local law enforcement. This will allow them to have a file of the incident and also will provide you some documentation should insurance companies, lawyers or anyone become involved. On the issue of criminal or civil liability, there are always risks when there is this type of altercation, particularly with no witnesses, as it will likely boil down to his word against yours. Civil liability can arise from both of your kicking each others' cars and for any of the physical contact; there is also the possibility that there are technically criminal charges that could be brought against either or both of you, but it is not likely unless one of you was to go to law enforcement seeking a criminal investigation and that charges be brought, in this scenario with no police having been called to the scene. That is not what I would view your report to law enforcement accomplishing but rather the report is to report the incident for their records and should any court action be taken against you. I would also suggest you document (similar to how you have done in this question) everything you recall about the incident and keep that somewhere where you can refer to it should anything come up several years from now; as civil suits can typically be filed some time after the incident. I hope this helps.

If you need anything further, please reply to this email. If I have answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
you are saying to file an incident report.
I do not wish to file any criminal charges

Yes, I would file an incident report.

Attorney Wendy
Category: Legal
Satisfied Customers: 551
Experience: Member at Keefer & Keefer LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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