Legal Question in Civil Litigation in Virginia
Allegations of Dishonesty
Is there a legal definition for allegations of dishonesty? For example, At the time of an auto accident a person involved makes a suggestion not to call police or report the accident to insurance companies. Can that suggestion be used againest the person in court to prove dishonesty or character of that person?
2 Answers from Attorneys
Re: Allegations of Dishonesty
No, since such a suggestion could possibly be quite reasonable under the circumstances and would in no way necessarily "prove dishonesty" nor probably anything else of any relevance to the case at hand.
Re: Allegations of Dishonesty
Your question is more complicated than you now.
First, I am not sure if this is in the context of fighting with an insurance company or a court hearing. An insurance company can (and will) say almost anything to try to avoid paying. So they will say all sorts of nonsense. You often then have to sue them anywhere before they will become reasonable.
In a court proceeding, before you even get to that point, there are questions about whether it is RELEVANT or not in the proceedings.
The statements would have to be directly relevant to something being asked about in the case. I am not sure what that would be.
It is not relevant to simply try to show someone is in general a bad person or something like that. But if you testify that the weather was raining and you told someone "Wow, what beautiful weather we are having," then it could be used to contradict what you said.
But just a general allegation of dishonesty is probably not relevant. To show that someone is in general a dishonest person requires a CONVICTION of a CRIME within the last 10 years involving dishonesty.
Related Questions & Answers
-
Spousal support advice on spousal support Asked 12/09/08, 7:27 pm in United States Virginia General Civil Litigation