What can I do if someone said I hit their car but I never did?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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.
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.