Legal Question in Personal Injury in California

Is motorist liable

One of my clients suffered a property damage loss in which a motorist (16 yrs old) in line for fast food, apparently irritated the motorist in front of him to the point that adverse person exited his car & walked toward the kid in the car behind - kid got scared & threw his car in reverse running into my client's prop. Police was called-did no report due to priv. prop., but noted that kid was at fault due to his agitating behaviour-kid was not in danger-its insurer denied liab. advising that its insd feared for his life thus he was trying to escape. No witnesses noted on dispatch report, but officers verbal testimony to me advised that kid caused the accident to happen. Will the exception to the Hear Say rule (''Admission by conduct'') apply in this case? I also have a written statement by the client's Mgr. which states that kids father came to the scene yelling at kid that ''you are lying and U will pay for this'' - that's all I got - insurer initially accepted liab. -then a year later, took verbal statement from its insd, the kid & reneged on its committment to pay the loss-

Please shed some light onto my plight - thanks so much -


Asked on 1/05/06, 12:55 pm

1 Answer from Attorneys

Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Is motorist liable

Are you a lawyer? The kid backing up is at fault.

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Answered on 1/06/06, 12:58 am


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