Saying sorry isn’t the hardest word to say.

California has what is called the "forgiveness rule". (See: Evidence Code 1160) Basically, if you express your sympathy for someone getting hurt after an accident, that expression of sympathy should not be admitted in civil court as an admission of fault. The rationale for keeping it out is that you are showing compassion for someone’s pain. But, if you add any indication of fault to that expression of sympathy, then the court can allow that part of your expression in as evidence of fault.

Here is an example of a statement that should be kept out of court: “I’m sorry you got hurt in the accident”

Here is an example of a statement that should be admitted in civil court as fault: “I’m sorry you got hurt in the accident, I didn’t see you coming”.

So, saying sorry isn’t the hardest word to say, but it’s what you say in addition that makes it difficult.

For more information, contact Attorney Angelo Campano at acampano@campanolaw.com or 661-945-5300.