Re: Sued Over an Accident the Police Report Said Was Not My Fault
Okay. So, your boyfriend was at fault.
So, was your boyfriend at fault? Was the cause of the collision listed as VC 22350?
When I recieved the report she claimed she was hit going 30 MPH. The summary on the report basically states exactly how we recall the accident occurring.
The conclusions in the police report are not binding on all parties. The report records some of the facts and establishes fault for purposes of stats and the DMV (fault can be a point on a person's license), but is not binding on civil assessments of liability.
Now we recieved a letter from the insurance that she got a lawyer because she wants recovery from her accident. My question is how can she claim these injuries and get a lawyer who will represent her with out an damage to the car and the police report in our favor?
She may have an attorney that thinks that a threatening letter will result in a payout. Often times that's what they seek - a quick settlement. The attorney gets a cut, the plaintiff gets a cut, and they go away. If the woman has to go to trial, she'd better have convincing evidence of damage and injury, and police testimony that provides no indication of an impact at anywhere NEAR 30 PMH can be real damning to her case. It might be that if your insurance company stands their ground, they'll go away.
It just seems that she is over exaggerating and it's very stressful.
He should let his insurance company deal with it.
My boyfriend and I are in our 20's and she was at least double my age. The insurance told us how it seems suspicious and isn't adding up. But even if she sued us, we don't have money to pay. Can anyone offer any advice on what to expect or how to handle this? Sorry this is so long. Thank you!
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns