Legal Question in Civil Litigation in California
Car Accident Scam
I know someone that is being sued for a car accident that he wasn't at. He has a police report stating his wallet was stolen and car was broken into. He has received a letter to appear in court for being in an accident. He can verify his where abouts for the date he was accused of and the police report for the wallet. The person suing him states that she has neck injury, damage to her vehicle and was threatened by him, yet there is no police report of this accident. She mentioned witnesses as well, since his wallet was stolen it is possible that all his information and car license plate was taken down and this can be a scam. Does this female have a case on him?
2 Answers from Attorneys
Re: Car Accident Scam
Your oinion is as good as mine. Why don't you let him ask the question. The problem is that I'd rather address the answers directly to the party with the problem. However, here's the short answer. It's going to be a pain in the ass for your friend. And he'll probably have to fight both a criminal and civil case, not a lot of fun.
Re: Car Accident Scam
The truth of the matter is that when allegations are made and a court action follows, those allegations must be tested if the case gets to trial. Given the circumstances you have described, that is an unfortunate truth because it means that your friend is going to have to spend his time and resources to either clear this matter up, or mount an effective defense to the allegations. It is excellent that he has the police report and can account for his presence during the time of the accident. What he needs now is an effective attorney to mount a vigorous investigation, acquire the evidence needed to contradict the allegations, hopefully force dismissal of the case or expose a scam, or if necessary successfully defend at trial. I would certainly suggest retaining an attorney to handle this matter, as it appears from your message that suit has already been filed. If I can be of help, please feel free to have your friend contact me directly at (415) 209-6332.
My best regards,
Robert F. Shaw, Jr.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com
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