If I injured someone in an accident but was not at fault, what is my responsibility for expenses?

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If I injured someone in an accident but was not at fault, what is my responsibility for expenses?

The mother of a teenage son called yesterday to ask if I can help with some of the expenses for her son’s injury. About 4 months ago, he darted in front of my truck and a I struck him going about 25 mph. I was in the right. There was no citation issued. The report clearly recounts him saying he didn’t look before he crossed and I have a witness report. I stayed at the accident and met the mother. She was very understanding (it turns out the boy has ADD). She called yesterday saying that she didn’t expect the expenses to be so high and for the insurance not to cover. I told her I would send $200. She was thankful. If I send her a check for $200, can she use it in a case against me in the future?

Asked on June 3, 2014 under Personal Injury, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were not at fault, you have no legal responsibility or obligation to pay anything at all: liability, or a legal obligation to pay, is based on fault.

To protect yourself if you choose to voluntarily pay anything (e.g. $200), send the check to her some way you can prove or track delivery, together with a letter which states that the enclosed check does not represent any acceptance of any fault, responsibility, or liability, and is being provided voluntarily, to help a family a need, or other language to that effect, and keep a copy of the letter and of the check.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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