Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have been served with a law suite by a woman that i

Customer Question
collided with in a psrking...
I have been served with a law suite by a woman that i collided with in a psrking lot, she has hurrassed us, filed a hit and run. Which i had to go downtown and give a statement, i was found inocent and not charged with a hit and run offense, da declined to presd charges. Now she is , to me sueing me under frivious charges, stating medical issues and bills, by the way this accident was not my fault and she says the same, she is trying to make the ehite guy pay, i hsave to defend myself and i no i must not allow a judgement to be issued due to ignoring thr matter but what do u think i should do. The court date is ,20 dsys from serving paperd. Can i prepare and defend myself?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 2 years ago
I can attatch the document if that will help determine a plan of action
Answered in 5 hours by:
3/3/2016
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,260
Experience: Lawyer
Verified

Hi,

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

If she admits in the Complaint that the accident is not your fault, you can file a Motion to Dismiss on that basis. However, even if the facts in the Complaint are wrong, if there's a dispute over what really happened, then you have to go to trail and put forth your version of events in order to prove to the judge that you're not liable. That's going to include testifying yourself, calling any witnesses you have, and producing whatever evidence you have that she knows you didn't cause the accident. It could also help to bring in pictures of the accident scene or the damage, because that's a good way for the judge to determine which car probably caused the accident.

Another option, if you have evidence that she knows you're not responsible, is to tell her that, once the suit is resolved in your favor, you will sue her for malicious prosecution and abuse of process if she does not drive the suit now (and send you proof). It's a crime to file a false police report, and you could press charges if you could prove that knew you didn't flee the scene (fairly simple, if an officer arrived and took a report). It's also illegal to sue someone when you KNOW you have no legal right to recover. Court isn't about who can afford to pay, or who one person THINKS can afford to pay. It's about fault. If you didn't cause the accident, and she knows it, she can be sued for punitive damages for filing a harassing lawsuit. You can ALSO file that suit if you win at trial.

Also, if you have insurance, call the insurance company and provide them with a copy of a Complaint. They should provide a lawyer to help you at no cost, because of this woman wins the case, they have to pay the judgment - and they don't want to pay a frivolous claim any more than you do. This is one of the reasons you pay premiums, so let the insurance company's lawyer draft the documents, prepare you to testify in court, and things like that.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Legal Question
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,260
32,260 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
The united states of america filed a motion to dismiss my
The united states of america filed a motion to dismiss my case. What motion do I file to answer motion to dismiss. This is for income taxes… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
On January 22, 2018 I submitted a motion to dismiss a matter
On January 22, 2018 I submitted a motion to dismiss a matter to be heard on June 8, 2018. Can I submit an Affidavit to Correct on this matter? Also, which rule governs this time process, if any?… read more
Lori
Lori
Juris Doctor
1,375 satisfied customers
Can someone look at my motion to dismiss and let me know if
Can someone look at my motion to dismiss and let me know if it is properly created and makes sense?… read more
Sean K
Sean K
Attorney/Member
JD
638 satisfied customers
How do you file a motion for dismissal of a small claims
How do you file a motion for dismissal of a small claims judgment that was granted in default in the state of Wisconsin? (cannot find the form)… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
Can you expect to receive and/or ask for punitive damages in
Can you expect to receive and/or ask for punitive damages in Small Claims Court for charges such as "Intent to Harm" and Trespass to Chattel?… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
461 satisfied customers
If a Medical premium is not paid for the last month of
If a Medical premium is not paid for the last month of coverage of a health insurance plan (the plan was terminated and is no longer enrolled in) is the premium for the last month payable /owed to the… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
775 satisfied customers
I need to file a Malicious Prosecution & Abuse of Process
Hi, I need to file a Malicious Prosecution & Abuse of Process against my neighbor who charged my wife with trespassing (it was dropped) after we filed charges against him for harassment (was upheld an… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
How many times can I motion to dismiss an Exparte in the
How many times can I motion to dismiss an Exparte in the state of missouri … read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
How do I file a motion to dismiss my sons court appointed
how do I file a motion to dismiss my sons court appointed lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,898 satisfied customers
I a divorce in NY can I file a motion to dismiss if I have
I a divorce in NY can I file a motion to dismiss if I have not been notified that a RJI was filed and the preliminary conference date set then changed by the plaintiff's attorney. The clerks docket ha… read more
Ray
Ray
Lawyer
Doctoral Degree
32,653 satisfied customers
Can a defendant file a motion to dismiss in a domestic
Can a defendant file a motion to dismiss in a domestic relation cas in Alabama … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
I filed a motion to dismiss under 12 6 and 12 5,, the judge
I filed a motion to dismiss under 12 b 6 and 12 b 5,, the judge denied the motion on 12 b 6, however, stated that the plaintiff serve or file proof of service by a certain date. The plaintiff did neit… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
If a debtor in a chapter 11 files a motion to dismiss their
If a debtor in a chapter 11 files a motion to dismiss their bankruptcy case, and if the motion is granted by the bk court, when can the same debtor file for a new bankruptcy case? I am looking to unde… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I suffered what I believe had been a malicious prosecution.
I suffered what I believe had been a malicious prosecution. They dragged out the legal proceeding and debilitated me through incarceration. Lasted one year. During the process a psych at the jail labe… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,368 satisfied customers
Punitive damages cap for physicians in Utah? Have there been
Have there been successful cases against physicians in Utah for punitive damages … read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
How yo track and file a malicious prosecution case, New
How yo track and file a malicious prosecution case … read more
Maverick
Maverick
Doctoral Degree
6,135 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x