What can I do if someone said I hit their car but I never did?

I attend a large university. On several occasions, I have left my car unlocked

accidentally. Last week, I received a voicemail from my insurance company

saying that someone filed a claim saying that I hit their parked car. According to the company, they have a copy of my insurance card. My car was involved in a rear-end accident nearly a year ago and the right side was scraped several months ago from the fence at my home. What are my options because there was prior damage to my car and I don’t know how to prove that I did not hit their car.

Asked on September 11, 2016 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's not so much that you need to prove you did not their car as they need to prove that you did, if they (that is, the owner of the car and/or their insurer) is going to force you to pay. (It is up to the plaintiff, or party suing you, to prove their case; as the defendant, even if you have no evidence in your favor, if the other side doesn't prove it's case, they lose--and, of course, if they don't bother suing you, you'd hever have to worry about payying, since only being sued and losing in court requires you to pay.) Refuse to pay and say that you have not hit any parked cars; request them to send any proof or evidence that they claim shows that you did; put your denial and request in writing, sent some way or ways you can prove delivery, such as certified mail or fed ex with tracking. When you get the information from them, you can evaluate the strength of any alleged evidence and the amount they are seeking from you and decide whether you still want to refuse to pay and force them to sue you, or whether you are willing to pay in order to make the issue go away. If you settle the case (agree to pay), make sure to get an agreement in writing that the payment settles all claims in full.


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