QUESTION
How do I defend against this accident since I didn't do anything?
Asked on Oct 05th, 2012 on Personal Injury - Florida
More details to this question:
I'm being sued in small claims court for an accident that supposedly happened in April 2012. The problem is neither I nor my car have been in an accident in the eleven years I've owned my car. Nobody's borrowed my car. There's no police report for me to get details on why my name got tangled in this.
15 ANSWERS
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Show up and find out what it is about. Provide some information putting you and your car somewhere away from the crash.. Good luck.
Answered on Oct 09th, 2012 at 9:27 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You should contact your insurance company immediately to report the incident. Your insurance company has a duty to defend you in situations such as this.
Answered on Oct 09th, 2012 at 9:27 AM
You should respond to the complaint and if you have to appear in court and explain it to the judge, otherwise you could possibly get a judgment against you. If you have some proof of what you are saying (and it is sometimes difficult to prove a negative) you can show it to the judge. The claimant has the burden of proving your car was involved. question the claimant about it, ask for evidence it was there. if they cannot prove you were there, they should lose.
Answered on Oct 09th, 2012 at 8:30 AM
Business Attorney serving Houston, TX
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Ashima Arora Chock Law Firm
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You should still make an appearance and defend or you can get default Judgement against you.
Answered on Oct 08th, 2012 at 10:41 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you had auto insurance at the time, turn it in on our insurance. They will defend the suit. If you did not have insurance, you might consider hiring an attorney. If you cannot afford one, or the amount in controversy is too small to justify hiring an attorney, file an answer and when a trial is scheduled, appear in court and tell your side of the story. Also cross examine the prosecution witness as to how he identified you and your car.
Answered on Oct 08th, 2012 at 10:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney, explain the facts and get the matter closed but you MUST respond to the lawsuit.
Answered on Oct 08th, 2012 at 10:05 PM
Present the truth with witnesses who have first hand knowledge of the vehicle and notify your insurance carrier immediately.
Answered on Oct 08th, 2012 at 10:05 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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There may be some detail that has been overlooked. You also may want to report this to your car insurance company. You should consult with a local attorney as soon as possible prior to taking any actions.
Answered on Oct 08th, 2012 at 10:00 PM
Ronald A. Steinberg
If someone sued you, you must file an answer to the complaint. If you have insurance, you contact your insurance company immediately. Obviously, someone screwed up the license plate number when they reported the accident to the police. Since you have insurance, the company will furnish you with an attorney and will defend the case. Don't sweat the small stuff.
Answered on Oct 08th, 2012 at 9:57 PM
Steven D. Dunnings
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Answered on Oct 08th, 2012 at 9:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Report this to your insurance company. They should take care of this that is what you pay premiums for isn't it
Answered on Oct 08th, 2012 at 9:52 PM
Dennis P. Mikko
If it is claimed that the accident happened while you were operating your car, turn the matter over to your insurance company. Your car insurance policy should require that they provide you with a defense. At the very least, answer the complaint and contest the matter.
Answered on Oct 08th, 2012 at 9:49 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
You will have to go to Court and defend. Also, try calling your carrier and see if they will provide a defense counsel
Answered on Oct 08th, 2012 at 9:45 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Perhaps you have proof as to where you were that day. Any witness to where you were Any repairs to your car before or after You must bring witnesses to court. I suggest you consult a lawyer even if you do not use him in court. Sent from Len's iPad
Answered on Oct 08th, 2012 at 9:44 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It's the plaintiff's duty to plead and prove all of the required elements of a personal injury claim; just turn it over to your car insurance company immediately, as your insurance company should provide legal representation for you if you carried the appropriate coverage (property damage insurance if the claim is for damage to the plaintiff's car, bodily injury liability insurance if the claim is for personal injuries). If you didn't carry the appropriate insurance, then you need to hire a lawyer right away as you have to file something in the court file within 20 days of being served with the paperwork of a default will be entered against you.
Answered on Oct 08th, 2012 at 9:40 PM