Legal Question in Personal Injury in California

A man claims I backed into his car a few weeks ago. Yesterday I got a letter from his AAA insurance wanting me to pay for his claim. He said there was a witness (?). I was at that store probably that day but absolutely deny having backed into anyone. Now AAA wants to send out an inspector to look at my car. Last Xmas time at the mall, some guy scraped the rear area beneath the right side of my tail light (did not go thru the paint, just shadowed a large area). What if I allow the inspector to come out to check the back of my car, which is fine, and he decides this corner/side area is what he is looking for? So, what do I do? What if this is a scam? Thanks, Pat


Asked on 9/04/10, 11:06 am

1 Answer from Attorneys
Steven Hertz Hertz Steven H.

You should always get a reciprocal agreement in writing. The AAA and its insured should agree in writing that if you allow them to see your car, you will also be allowed to see the other persons car. In fact, I would make the inspection contingent on your first taking photos of the other persons car. Damage from one car to another is like a finger print. You can't confuse the damage from one impact to another. If they are looking for evidence, and you didn't back into the person's care, and you are certain of that, then the evidence will bear out your story. Of course AAA inspector might want to see it different, but he and his insured would have to prove this in court. This is probably a small claim so you will have your day in court it it comes to that.

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Answered on 9/10/10, 6:35 pm


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