Expert: Ron Cercone - 2/21/2009

Question
i was involved in a car accident where both of us drivers were cited. I received a letter from his attorney stating that i'm liable for damages to his truck. There were no injuries involved. Am i liable for damages to his truck?

Answer
Hello SC,

Most states, like California, have "comparative fault" laws. So if you are 20% at fault, you pay 20% of the other drivers damages. Some states have "contributory fault" laws, meaning that if you are partially at fault, the other driver does not owe for any of your damages. And then a few states are "no fault", meaning each side pays their own damages. Call one of those accident attorneys in the big yellow page ads and ask them how it works in your state.

Then get a copy of the police report and see what it says. See if it says who was at fault and if its both, what percentage. For example are you 20% at fault and the other driver 80% at fault?

Why does the other driver have an attorney? Does he not have insurance? He may just be trying to shake you up. Ask the attorney to put in writing why you are at fault and for what percentage. You can argue percentage. And ask for copies of the repair estimate or valuation.

You don't have to turn in the claim to your insurance if you don't want to. But if you want them to cover you, most policies say you have to notify them of your accident as soon as possible.