Legal Question in Civil Litigation in Maryland

Can I sue the insurance company for saying that the casue of a car accident I was involved in was speeding in the affidavit which I have proof that I was not speeding after my speeding tickets from this accident got dismiss in court when we went to court on this matter for the plaintiff medical bills and car repairs which the plaintiff was not hurt of there was no damage to the plaintiff car after the accident which the plaintiff thought that they could get paid for the accident by the insurnace company of the truck that was involed in the accident which I did not know the truck that I was driving that was involved in the accident did not have any insurance which was my father truck. When the plaintiff came after me the first time with their own personal lawyer the case was dismiss on their behalf and whe the insurance company came after me for the money they paid for the plaintiff medical bills and car repairs my lawyer did not do a good job with my case which I have to paid $12, 500 with a settlement agreement between the insurnace comapany and myself. I have proof that all of my tickets I receive behind this accident which one was speeding was all dismiss in traffic court. Can I come and sue the insurance company for stating in the court affidavit that the cause of this accident was because I was speeding because I taken average of in this court case to where my lawyer did not do his job in which I paid him. He kept on saying you know that the law say you hit someone from behind you are responsible and that the Judge we had was a new Judge and that everyone went up in front of him he made the defendant pay. My acfcident the plaintiffs was not hurt and their car was not damage from the accident which the back of the plaintiff car had a black mark on it and the fron of my father truck is silver and tan which I did not cause that mark and that the plaintiff used fraud medical injuries in which they were thinking they was going to get paid through my father insurance company which he did not have and I was unaware of this. I need to know can I sue the insurance company for saying I was speeding when I was not or if there is anything I can do to have this over turn.


Asked on 12/28/13, 2:56 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Usually no. While one can sue for certain false statements in some contexts, one cannot usually sue because the defendant wasn't convicted of whatever someone else claims they did.

Traffic cases are totally separate from civil automobile accident cases. If someone is not convicted of speeding in the traffic case (say the charges are dismissed or they were acquitted) it is not the same as the court saying they definitely did not do whatever they were charged with. Instead, it is possible that there is enough evidence to show something civilly but not criminally. It has to do with the level of proof. In any case the insurance company usually is not a fact witness and usually can't testify as to what happened at the accident since they were not there.

However if one disagrees with a court decision one can exercise appeal rights. Note that this is general legal information and is not designed to analyze the specifics of your particular case.

Read more
Answered on 2/12/14, 10:36 am


Related Questions & Answers

More General Civil Litigation questions and answers in Maryland