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10-31-2009, 03:36 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 3
| | | At fault accident with Drunk Driver
What is the name of your state (only U.S. law)? NC
Last night my wife attempted to turn left and inadvertently struck, what was later determined to be, a drunk driver. After a brief visit to the ER my wife was released and sent home. THe drunk driver was charged with a DWI and taken to jail. Both cars are totaled.
My wife was not issued a citation, but the officer remarked that according to their judgement and witnesses, she was at fault.
What can I expect? Does the DWI trump my wife's fault? Should I retain a lawyer? For offense or defense? Please help me with advice, resources and/or places to start.
Thanks in advance |
10-31-2009, 04:32 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,287
| | | No the DWI does not automatically trump her civil liability.
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I'm not a lawyer, but I did stay in a Holiday Inn Express last night.
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10-31-2009, 04:33 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,287
| | | No the DWI does not automatically trump her civil liability.
Was she written up for anything. Generally if the other driver is cited and you were not your insurance company assumes the fault goes the other way.
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I'm not a lawyer, but I did stay in a Holiday Inn Express last night.
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10-31-2009, 04:47 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 3
| | | My wife was not issued a citation. The other driver was taken to jail. |
10-31-2009, 05:49 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,076
| | Quote:
Originally Posted by jamaugustus  My wife was not issued a citation. The other driver was taken to jail. | Expect a citation to come in the mail. Also expect to hear from the other driver and/or his insurance company.
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10-31-2009, 06:05 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 3
| | | spoke to a cop recently. apparently NC is a no fault state, meaning they do not determine fault at the time of the accident. Contributing factors are noted in the police report and any and all citations are issued at the time of the accident. The insurance determination is then made from their interpretation of the police report. |
10-31-2009, 06:12 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | lol that is not what no-fault means. No fault means each driver's own insurance pays their MEDICAL expenses. Also, NC is NOT a no-fault state.
Your wife was turning left and the other driver had the right of way. She is 100% at fault, EVEN THOUGH he was drunk. Your insurance will take care of his property damage.
Fault in an accident is not determined by who is cited. It is determined by what happened and who had the right of way. Even if she never gets a ticket and the other person does time for DUI, she's still at fault. There is no excuse for DUI, but there is also no excuse for failure to yield - they are totally separate issues.
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10-31-2009, 09:01 PM
| | Senior Member | | Join Date: Dec 2001 Location: NC
Posts: 1,192
| | | I read that no fault and almost spit my drink out.
Sorry OP your wife is totally at fault. Contact your insurance company and make a claim. You did have insurance, correct? | |
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