Legal Question in Civil Rights Law in Virginia

Do I have any legal recourse in a case of mistaken identity in a hit and run aut

I have been accused of being involved in an auto accident and subsequent fleeing of the scene on a road that I have never even been on. I was not involved in any traffic accident. The police came to my home, looked over my car, asked me some questions, and that was that. Now the insurance company of the people who originally called in the hit and run is calling me and accusing me of being involved in this incident. I have consulted my insurance and they are communicating with the other company. I have been told that they may take this case to arbitration. It is unfortunate that they were involved in this accident, but I was not and I do not intend to be held responsible. If they continue to press this issue, do I have any legal recourse in terms of mistaken identity, false claims, false statements to government officials, etc? This is becoming quite the nuisance and I'm not real happy about it. If they continue to accuse me of something that I didn't do and that all evidence demonstrates I did not do, can I sue them for defamation or slander?


Asked on 2/17/04, 2:23 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Do I have any legal recourse in a case of mistaken identity in a hit and run

If you weren't involved, the insurance company should not be forced to defend you. This defense should have been asserted and the case against them on your behalf thrown out right from the start.

If the police report confirms that you were not involved, you need to send this in to your insurer right away.

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Answered on 2/17/04, 6:05 pm


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