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Asker
Posted almost 3 years ago.

What happens if the plaintiff was hit by another driver and that driver left the scene and he could not identify the driver and decided to blame the defendant for the accident because he drove a similar car. Does the defendant have the right to prove he is not liable for the accident by way of a fraudulent claim ?

S. David Rosenthal Esquire
S. David Rosenthal Esquire, Car / Auto Accident Lawyer - Roseville, CA
Posted almost 3 years ago.

Certainly the defendant can offer evidence that he/she was not involved in the collision the plaintiff alleges he was involved in. If there is evidence that the plaintiff is intentionally blaming the wrong party, then that should be allowed into evidence for the jury to consider as well.

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Asker
Posted almost 3 years ago.

What can the defendant do to the plaintiff if he can prove the plaintiff intentionally blamed the defendant for a crime that he did not commit ?

S. David Rosenthal Esquire
S. David Rosenthal Esquire, Car / Auto Accident Lawyer - Roseville, CA
Posted almost 3 years ago.

If the jury gives a defense verdict, you may be able to sue for "malicious prosecution". You should talk to an attorney in your area after the trial.

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Asker
Posted almost 3 years ago.

Thank you!