Legal Question in Personal Injury in California

HELP I am being sued for a hit and run that is obivious fraud!

! advice??

So it my boyfriends problem actually.

Here is an outline of the situation:

-Early January, my boyfriend, (*J) is driving the -work truck (large large )truck of his job�s company- back to his job�s warehouse. On the way he hit a telephone pole with his passanger mirror and immidently pulled over to fix his line of vision, this took ten mintues or so.

-He drove to the warehouse clear and fine, no inncidents!

-He finished up his work at the warehouse( taking 15 - 18 minutes)

- Heads home, (20 minutes away).

-gets home and stangely recieved a phone call from his coworker saying there is a man there at the warehouse saying that (*J) has �scratched� his car and he followed him back to the warehouse, and wants him to return. (*J) gets on the phone with the man and he repeats his claim, �you said that i scratched your car? ok ill be right there.�

KEEP IN MIND the phone call is nearly an hour after he has arrived to the warehouse with the alleged truck that did the damage.

-since (*J) was already home where i was at i decided to go with him back to his job site

-we get there in less that 20 min.

- his coworker says she asked the man ( since he showed up walking ) 1/ where is the car 2/ why didn�t you call the police 3/ can you bring the car so we can see the damage

-so the guy was gone when we got there and we waited an entire hour for him to return. Which HE DID NOT, and the company was notified of the inncident.

OOKKK then about 2 weeks later (*J)�s boss tells him the guy called and said that the �entire front and side of his car was taken out.� (comepletely new info) satements are given and we are not worried because we belive this guy is truely trying to commit fraud,

all of a sudden it is now feb 4th and my boyfriends job took in him to the police station to clarify the situation. apparently the guy did make a police report and is suing the company for a hit and run and all that.

I AM thinking this will go to civil court. SO PLEASE HELP ME THINK OF what can we do to further prove the allegations are false.

+++QUESTIONS+++

what will happen?

what is the normal proccess for this??

does this go to civil court??

+++WHAT I ALREADY KNOW +++

-dont talk to the acusing party

-prove this holes in his deatils

-let the insurance handle it

HELP HELP HELP PLEASE!!


Asked on 2/05/13, 10:59 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

This is why we have insurance. The employer should notify its carrier if the truck belongs to the employer. Your boyfriend might notify his own insurance carrier as well. They will want to take a recorded statement describing the incident, so he should make sure he has all of the facts at his fingertips. The insurance carrier's adjuster will give him further instructions about what and what not to do. Good luck!

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Answered on 2/05/13, 11:14 am
Terry A. Nelson Nelson & Lawless

You already know the answers and listed them.

If you are threatened with being sued regarding any vehicle claims, turn it over to your auto insurance company, that's what they are paid to defend. If you had no insurance at the time, then you will have to hire a defense attorney yourself.

If you are threatened with criminal charges, then immediately hire a criminal defense attorney.

Either way, exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through your attorney.

If serious about hiring counsel, and this is in SoCal, feel free to contact me.

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Answered on 2/05/13, 12:31 pm


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