What should I do about a lying driver?

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What should I do about a lying driver?

My car was hit by a 17 year-old driver when she suddenly was trying to butt in front of my car. However, she told her insurer that I was the one tried to switch lanes and hit her car.

Asked on November 21, 2012 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you believe she was at fault, you can sue her (technically, since she is 17, you're probably suing her parents or legal guardians, if she's not emancipated). At trial, assuming she or her insurer does not settle in advance, you can present evidence, including your testimony, any other witnesses, a police report, etc. to show that she was at fault. If you can prove she was at fault by a preponderance of the evidence (that it is more likely than not that she is at fault), you may be able to recover compensation.


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