Results 1 to 3 of 3
  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default Sued Over an Accident the Police Report Said Was Not My Fault

    My question involves an injury that occurred in the state of: California

    About a month ago my boyfriend and I were stopped at a red light I'm the left turning lane. He drives a manual car, and his foot came off the break and rolled into the car in front of us at about 1-2mph. (we were at a COMPLETE stop) It was about 5:30 on a Froday night and occurred at one of the busiest intersections in our city. No one pulled over as a witness, seeing how it wasn't a very noticeable accident. She had already called 911 and would t pull over out of the turning lane causing other drivers to honk and get upset. My boyfriend got out of his car and coaxed her into pulling into the lot right after the turn where the police met us. She wouldn't get out of her car (she also had 2 children) who were fine and hopped right out of the car. The dave was minor to both cars, the license plate on our car bent. She requested to leave in ambulance due to "dizziness." The cops informed us to take as many pictures of her car as we would like. We gave our statement, she gave hers. 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. 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? It just seems that she is over exaggerating and it's very stressful. 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!

  2. #2
    Join Date
    Jan 2006
    Posts
    28,309

    Default Re: Was Involved in Very Minor Accident, Police Report is in My Favor. Being Sued

    Can anyone offer any advice on what to expect or how to handle this?
    yep, call your insurance company and let them do their thing.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,371

    Default Re: Sued Over an Accident the Police Report Said Was Not My Fault

    Quote Quoting crm1990
    View Post
    My question involves an injury that occurred in the state of: California

    About a month ago my boyfriend and I were stopped at a red light I'm the left turning lane. He drives a manual car, and his foot came off the break and rolled into the car in front of us at about 1-2mph. (we were at a COMPLETE stop)
    Okay. So, your boyfriend was at fault.

    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.
    So, was your boyfriend at fault? Was the cause of the collision listed as VC 22350?

    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?
    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.

    It just seems that she is over exaggerating and it's very stressful.
    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.

    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!
    He should let his insurance company deal with it.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 6
    Last Post: 02-21-2011, 05:00 AM
  2. Is the First Party Named in a Police Accident Report At Fault
    By konakings in forum Traffic Accidents
    Replies: 30
    Last Post: 09-13-2010, 02:45 PM
  3. Traffic Accidents: Car Accident, Not at Fault, Being Sued
    By acencsu in forum Accidents and Injuries
    Replies: 3
    Last Post: 01-31-2010, 08:31 PM
  4. Car Accident, No Police Report, No Fault
    By big dog in forum Traffic Accidents
    Replies: 2
    Last Post: 01-02-2010, 08:04 PM
  5. Car Accident, My Fault, Being Sued
    By protoelis in forum Traffic Accidents
    Replies: 3
    Last Post: 12-04-2009, 03:58 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Car Accident Attorney
Injured in a car accident? Talk to a local accident lawyer for free.


Untitled Document