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

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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


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).

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