Civil/Commercial Litigation (Lawsuits)/car crash trickery
Expert: Charles W. Field - 12/18/2003
QuestionI recently was in a car crash where a lady behind me slammed into the back of my car, for whatever reason it was. she claimed it was bad tires or breaks, i think she was not paying attention.
after the police officer arrived, and documented the incident, both the police officer and the lady who crashed into my car walked up to my car window while i was sitting waiting in my car which struck me as odd. but the lady who crashed into my car apoligized and said she was real sorry, she seemed looking for forgiveness. and i tried to comfort her saying, no its ok, dont worry. it could have been worse, trying to be compassionate.
now could what i have said be interpretted as "its ok dont worry, i wont file a lawsuit. lets just let it go and move on" i became a little worried afterwards because i didnt know if what i said was shooting myself in the foot or not and ruining any case or lawsuit i might be able to make.
Can she use this against me? maybe i'm paranoid, but i think i'm just being careful.
AnswerI wouldn't worry about your comments because I think most people would construe it as you did: as compassion. What I think is more important is her statement that she was sorry. This can certainly be argued to be an admission of guilt on her part, which can be used against her. I would take a statement from the cop ASAP to document her statements, assuming the cop overheard the conversation.