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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 27651
Experience:  JA Mentor
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My son was in a car accident no one was given a ticket and

Customer Question

My son was in a car accident no one was given a ticket and no injuries when police were called out my son was asked for proof of insurance and driver's license in which he had my son's car was totaled and the other driver's truck had no noticeable damages the other driver had a 2001 F150 ford truck and my son drove a 2011 ford fusion my son's insurance offered to settled with the other driver for $446.00 that was the amount of damage that my son's adjuster came up with after looking at his 2001 F150 ford truck the owner of the truck refused the settlement and now wants to sue my son for 10,000 dollars for repairs to his truck no hospital bills just repairs to his truck we received his estimates the owner of the truck is now suing for front, back, top and side damage in other words he wants a new truck. Is this legal? can you give me any advice for court?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

It's never legal to file a fraudulent claim in court, and it sounds like that's what this guy is doing. But the American legal system is predicated on the belief that every person has a right to his day in court, so any person who believes himself to be aggrieved is allowed to file a lawsuit. Where there is a discrepancy as to what really happened, then it's up to the judge to decide who is telling the truth. That unfortunately means that your son will have to go to trial. He must be there to explain what happened and defend himself, even when the suit is clearly bogus.

Whenever there's a car accident, the injured driver is required to sue the other driver, NOT the insurance company, because you have to sue the person who caused your injury. That's the other driver. However, the first step if you haven't already is to contact the insurance company. They do NOT want to pay this guy $10,000, so they should provide a lawyer to help you.

In court, the other driver has the burden of proof. He has to prove both that the accident occurred and that the accident caused the damages that you're asking to have repaired. The best possible proof that your son could have is pictures of both vehicles taken immediately after the accident. If there is a police report, the officer should have indicated where the damage to the vehicle occurred, so that will also help. Unless the vehicle rolled, though, I don't see how he could possibly claim that the accident hurt EVERY surface on his truck. Your son will be able to testify as to what happened. If you have any correspondence between the driver and the insurance company (they'll give it to you), that might also help. So will whatever estimates and pictures lead the insurance company to offer $446. The goal in court is to prove that the damage he's requesting is ridiculously inflated.

He'll still get the $446 needed to repair the actual damage to the car, because he's legally entitled to have the car repaired. But your son will hopefully be able to show that the other driver is lying about the extent of the damages.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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