Results 1 to 4 of 4
  1. #1

    Default Chance of Winning a Lawsuit Where the Other Driver Lied

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

    A family member got in an auto accident over 6 months ago, the driver changed into the right lane from the left lane causing the accident but lies to his insurance company and says the opposite happened. We made a claim against his insurance but since he lied to his insurance company saying we changed into the left lane from the right lane, his insurance company denied the claim. We just renewed our insurance policy and our rates didn't go up, our insurance company told us that the other driver didn't even make a claim on our insurance.

    His entire right bumper was crushed, it even fell off his car, yet he didn't make a claim on our insurance. Will this help our case?

    The SOL is 2 years, if we file the lawsuit on the last day possible, can he counterclaim for the same accident or would he be barred due to SOL?

    In small claims court, if the judge deems we do not have enough evidence to back up our claims, can the judge make us pay the defendant's attorney costs that his insurance provides? Can the defendant's insurance come after us for attorney fees?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Chance of Winning a Lawsuit Where the Other Driver Lied

    Quote Quoting questionforu
    View Post

    A family member got in an auto accident over 6 months ago, the driver changed into the right lane from the left lane causing the accident but lies to his insurance company and says the opposite happened. We made a claim against his insurance but since he lied to his insurance company saying we changed into the left lane from the right lane, his insurance company denied the claim. We just renewed our insurance policy and our rates didn't go up, our insurance company told us that the other driver didn't even make a claim on our insurance.

    His entire right bumper was crushed, it even fell off his car, yet he didn't make a claim on our insurance. Will this help our case?
    No.

    Not a bit.

    What you need are witnesses to the accident who can come to court and testify as to who did what.

    Quote Quoting questionforu
    View Post
    The SOL is 2 years, if we file the lawsuit on the last day possible, can he counterclaim for the same accident or would he be barred due to SOL?
    He would not be barred from counterclaiming.

    Quote Quoting questionforu
    View Post
    In small claims court, if the judge deems we do not have enough evidence to back up our claims, can the judge make us pay the defendant's attorney costs that his insurance provides? Can the defendant's insurance come after us for attorney fees?
    Each party is responsible for paying his own attorney fees.

    The possible exception to that is if you file a frivolous lawsuit knowing that you have no chance of winning. Once the defendant wins, the defendant can theoretically seek sanctions against you.

    Waiting for the last filing day expecting to bar the defendant from counterclaiming could be evidence of abuse of process that can be used against you.

    My advice: If you think you have a case, file it now and don't play games here. There will be too many people on the defendant's side who are much more experienced at this than you are.

  3. #3

    Default Re: Chance of Winning a Lawsuit Where the Other Driver Lied

    Not a bit? The judge won't even cast even a tiny bit of doubt on the defendant who despite having their car damaged in excess of thousands of dollars to never even seek compensation?

    As of now, there are no witnesses. This has turned into a he said/she said type of case. What are our chances at getting any compensation from the other party?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Chance of Winning a Lawsuit Where the Other Driver Lied

    Quote Quoting questionforu
    View Post
    Not a bit? The judge won't even cast even a tiny bit of doubt on the defendant who despite having their car damaged in excess of thousands of dollars to never even seek compensation?
    Nope.

    The judge will only be concerned with who caused the accident.

    That the other driver did not seek compensation is not evidence of anything.

    It's possible that her insurance paid for her damage and then decided not to pursue you for reimbursement. Which is also not evidence of anything.

    Quote Quoting questionforu
    View Post
    As of now, there are no witnesses. This has turned into a he said/she said type of case. What are our chances at getting any compensation from the other party?
    50/50.

    With no witnesses, you'll either win or you won't.

    Or, the judge won't be able to determine who was at fault and will rule either that both parties pay for their own damage or that they each pay half of the other party's damage.

    There is absolutely no way to predict which way a he said/she said lane change collision will go.

    1. Sponsored Links
       

Similar Threads

  1. Disputing Debts: Lawsuit After Winning Credit Card Charge Reversal
    By gchodak in forum Debts and Collections
    Replies: 3
    Last Post: 06-11-2014, 07:04 AM
  2. Determination of Fault: Driver at Fault Lied
    By CrystaF in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 09-28-2013, 08:47 PM
  3. Civil Procedure Issues: What Expenses Can a Defendant Recover After Winning a Lawsuit
    By carbonero in forum Civil Procedure
    Replies: 1
    Last Post: 08-11-2011, 12:45 PM
  4. Chance of Deferral For an Intermediate Driver's First Offense
    By WashingtonLaw in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-25-2009, 08:51 AM
  5. Unemployment Benefits: Do I Have a Chance of Winning the Hearing?
    By yayionly in forum Employment and Labor
    Replies: 3
    Last Post: 08-01-2008, 10:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources