Can I fight a car accident case that wasnt my fault?

UPDATED: Oct 2, 2022

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Can I fight a car accident case that wasnt my fault?

Last year in 2018 on July 17th I was drinking with my
sister and had to drive us home on my way home I
was turning left on a green light and as I was turning
a car didnt stop when it was supposed to and it hit
me. Out of fear I decided to flee the scene because I
had no insurance or license and I was under the
influence. So they arrested me but they let me go the
same night. A couple months later they filed a
subrogation claim on me but I wasnt at fault even
though I was driving under the influence and i did not
have insurance or a license. Do I still have to pay
money ? They also filed a warrant for my arrest can I
please get some advice ? What should I do and can I
fight this?

Asked on September 6, 2019 under Criminal Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were under the influence, the accident was almost certainly your fault, at least in the law's eyes: the presumption is that the impaired driver caused or contributed to the accident due to his/her impairment (e.g. impaired judgment, reflexes). Further, if you had no license, that also supports finding that you were at fault, since there's usually some reason you don't have a license: you never got one, so you are presumed to have less skill and practice; or it was taken away for bad driving; etc.
You are not likely to win this case--you should consider trying to negotiate a settlement (e.g. an amount to pay and payment schdedule) you can afford. Since you should hire a lawyer to help you deal with the warrant, the lawyer can also try to negotiate a settlement for you.

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 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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