Am I obligated to pay for the fees resulting from an auto accident? 21 Answers as of February 24, 2012

The information you provided in your "Question" does not indicate what "fees" you are referring to. If you are referring to the "costs of repair", both material and labor, you are obligated to pay assuming these costs were reasonable. As to your second question ("Do I have a case so that the state will drop the fee and pay for my legal fees?") again I will assume you are referring to the "costs of repair" when you use the word "fee." The answer, at least based on the limited information provided, is you do not have a case against the state, cannot get them to drop their claim against you for the repair costs and cannot get them to pay your legal fees. If you had car insurance at the time of the accident, your car insurance company, assuming they been notified of the accident, should have paid the State for the repair costs.

You might be able to contest the case on the facts, which are likely to spend so much time and money doing so that it may not be worth it. If you have photographic evidence of the condition of the guardrail before and after the accident that would be very helpful to you, but I would try to come to some reasonable resolution with them outside the legal system.

Turn it over to your insurance company. Yes, property damage causes by carelessness is your responsibility. If you didn't have insurance, why not? Uninsured drivers are a menace to society and themselves. Do you have insurance now?

There may be a statute of limitations issue on the claim the State is making against you. Consult a trial attorney immediately to assess the claim.

Not if you were at fault

If the DOT has made a claim against you for property damage, you need to turn this claim over to your auto insurance carrier.

Make them sue you and then bring I pictures of the rail still damaged and they might lose.

No. The state would not have to pay your legal fees under any circumstances that you have described.

You did not give me enough facts to adequately answer your question. I can't tell if they have filed suit against you, or if they have just sent you a bill for the damage. They have three years from the date of the accident to sue you. If they did not file suit within that time, they cannot sue you for the damage. If you did the damage, they can sue you for it within the three years whether they actually fixed it or not. Usually, you do not get legal fees when you successfully defend a lawsuit (we have no loser pays legal fees law). There is a statute that provides for attorney fees if the state sues you and you prevail.

The state will not be responsible for your attorney fees. Regarding the cost I the repaired guardrail, demand copies of the invoices and proof of payment if you do not believe they had it repaired.