What to do if I was involved in an accident and the other person is trying to sue me?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was involved in an accident and the other person is trying to sue me?

When the accident happened he gave me insurance information on a different car but I didn’t realize it until now. He is now trying to file another claim for the car in the actual accident but he’s saying it happened on a different day; I was not in an accident on that day.

Asked on April 23, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he doesn't actually sue you, you don't have to do anything; only if sued (not merely threatened) do you have to respond.

If he does file a lawsuit, you would not only defend yourself by showing the factual inconsistencies (e.g. the different date), but could also:

1) file a motion for summary judgment based on the uncontroverted factual discrepancies (e.g. between the date he claims and the date in the report);

2) countersue him based on abuse of process, for filing a baseless suit (different/wrong day; changing the car he is filing about; etc.);

3) seek sanctions, such as legal fees, against him or his attorney for filing a frivolous (unsupported) action; and

4) you might even report him to the police for trying to commit insurance fraud (by trying to get you to put in a claim, for example, when there is no basis for one) and/or blackmail (threatening you with baseless litigation).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption