Legal Question in Civil Litigation in California
Filing a suit years after the fact that contradicts police report
About 3 years ago my husband lost control of his car and hit the center median and then ended up on the right shoulder of the freeway. There were 2 other drivers that pulled over to see if he was okay and provided a statement ot the police as witnesses but no other pqarties were involved in the actual incident. my husband was cited for DUI. One of those witnesses is has now files a suit against us stating that not only were they seriously injurued and hospitalized (the whole family) but there was damage to their car. They files the suit exactly 2 years to the date of the incennt but are just now serving us. How can they do this when the police report states no other cars or parties were involved/injured and in thie statement to the police at the time they said they were only a witness and had pulled over when they saw my husband approaching from the rear and that my husband lost control after he passed them on the shoulder of the highway.
3 Answers from Attorneys
Re: Filing a suit years after the fact that contradicts police report
I think the two responses above are correct. The police report is not irrefutable. Turning this over to your insurance is a good first step. You can avoid having to pay attorneys fees for your defense. Unless your insurance has turned you down based on some sort of DUI exclusion?
Re: Filing a suit years after the fact that contradicts police report
The police report reflects what officers on the scene believed at the time. It is not a conclusive determination of what happened. It is not binding on anyone else and does not bar this lawsuit. If the case goes to a jury (or a judge), they will be free to reject some or all of its findings. The report and the testimony of the officers who wrote it may be helpful to your husband's defense, but he must still defend himself against the claim and he could lose.
He should report this lawsuit to his insurer immediately so it can get a lawyer for him.
Re: Filing a suit years after the fact that contradicts police report
Turn it over to the insurance company you had at the time of the collision. All your claims are 'defensed' to be used in the litigation. If you didn't have insurance, you get to defend it yourself. Hire an attorney. He might be able to make this go away if it is clear they are lying. Good luck.
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