What to do about a falsely cliamed injury?

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What to do about a falsely cliamed injury?

A boy on a skateboard and my son (3 years younger) on a bike ran into each other at a corner on school grounds. The father of the boy is claiming that my husband is the one who ran into his son and attempted to file a police report. The police wouldn’t take the report because it is a civil matter. The father is claiming, with medical records, that the boy has a sprained knee and a fracture (my husband and 2 sons saw him riding his skateboard at a fast rate of speed later that evening). How should we handle this? Would our insurance cover it if we were found liable?

Asked on June 18, 2012 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether your insurance would cover it depends on the terms of your policy. An insurance policy is a contract, and, like any other contract, is governed by its language. Review the policy to see what it covers.

In generally, if you are being sued or are threatened with being sued for a false set of personal injuries, you should retain an attorney to help you. The lawyer can, as appropriate, settle the case for a reasonable amount (remember: even if you think the facts are in your favor, no lawsuit is ever guaranteed as to the outcome; sometimes agreeing to pay a modest amount is better than paying the cost to defend a lawsuit and taking the chance of an adverse verdict) or defend the case. Legally, you would only be liable to the extent it can be proven that you son negligently, or carelessly (judging negligence by the standards of a boy his age) caused the injuries.


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.

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