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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32909
Experience:  Began practicing law in 1992
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I have been served a summons from state farm for an accident

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I have been served a summons from state farm for an accident that I had. I am suspicious of the accident because i believe i am a victim of the "swoop and squat" scam. plaintiff is claiming car damage exceeding $9000.00.

accident details: while on fwy, plaintiff suddenly,merged onto my lane in front of me, without using turn signal, to supposedly try to make the next exit off fwy, causing me break suddenly and ultimately crashing or rear ending her. plaintiff stops the car in the middle of fwy to stop to scream at me, while plaintiffs passenger exits car, in pain. I try to hail police officers that where off the fwy but plaintiff refuses to involve officers to my surprise? Eventually a highway patrol officer arrives to assist and escorts both plaintiff and I off fwy.

FYI. I the defendant was driving my car that was registered to my father at the time of the accident. I was lawfully licensed to drive in California.

JD 1992 :

Is there a specific question I could assist you with?

Customer:

Hello; my question is, am I still liable for said accident because I was an uninsured but licensed driver, even though i suspect the accident to be a scam?

JD 1992 :

The liability doesn't depend on insurance status, it depends on whose actions or omissions proximately cause the collision and damages (if any).

JD 1992 :

Are you still there?

Customer:

yes, sorry.

Customer:

JD 1992 I know you stepped out of this chat, but thank you!

JD 1992 :

I'm back.

JD 1992 :

Did you have additional questions?

Customer:

is there any way you can convince my brother via phone!(NNN) NNN-NNNN/p>

JD 1992 :

No, unfortunately we are only allowed to have contact through the website. It's a part of the rules we sign.

Customer:

His name isXXXXX

JD 1992 :

What is his concern?

Customer:

oh ok. More details. I was wrong about the fwy. this occurred on the surface street.

Customer:

he believes its a lost caused. he cannot afford to pay $9000

JD 1992 :

Why weren't you an insured driver? Did he not have any insurance?

Customer:

his doctor canceled his licensed but had since been re-instated at the time of the accident. unfortunately he never re-registered his insurance back to his name.

JD 1992 :

So there was no insurance on the car at all?

Customer:

yes the auto was insured at the time of the accident but under my fathers name, not my brothers.

Customer:

my brother is the defendant in this matter. I am simply trying to convince him that he is not liable.

JD 1992 :

First, unless he was a driver that was specifically excluded from the policy then it should cover him.

Customer:

no, he was not excluded.

JD 1992 :

Second, liability depends on who caused the accident, that's all. Liability has nothing to do with insurance.

JD 1992 :

The insurance policy likely covers him then. Has he reported the wreck to the insurance company?

Customer:

ah, I see. She or plaintiff was the cause. yes my brother notified the insurance.

Customer:

My brother says he has a sr-22?

JD 1992 :

Whoever got served needs to contact the insurance company, provide them a copy of the papers, and turn it over to their lawyers (which they should provide).

JD 1992 :

It shouldn't matter.

JD 1992 :

Regardless of the insurance, they don't automatically win. They have to prove that he caused the wreck.

Customer:

great

Customer:

i am speaking to my brother on the line

Customer:

he wishes to know if this will affect his credit history at all. He is trying to avoid any problems because he is buying a home in the very near future

Dwayne B. and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

thanks JD 1992.


 

You're very welcome and best wishes to you and your brother.