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How do I defend myself against a false claim (car insurance)?

Los Angeles, CA |

I received a letter that I am being sued for "negligence" for a payout a car insurance had to give out to a man who claims I hit him in a fender bender and now has injuries. I was never in any such accident, and the letter from the attorneys is very threatening in tone and says that if I do not pay within 30 days they will file a lawsuit against me which will result in interest, court fees and an even larger charge than what they are currently asking for. I cannot afford to hire an attorney and would thus have to represent myself.

I have never even been contacted and asked for this sum $3400.00 before this letter came. How do I handle this? Should I be worried?

I was uninsured at the time the supposed accident occurred 2 years ago, so this is not something I can hand off to my insurance company. My current insurance company is the one that is suing me (Auto Club)

Attorney Answers 3

Posted

Tell them to sue you. You can't get blood from a stone.

The answer does not create an attorney/client relationship and is for informational purposes only.

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Posted

I have the money they are asking for, but I do not want to pay for an attorney for an accident I've never been in.

Posted

It appears you are being contacted by an attorney for the other party's insurance company seeking reimbursement of $3,400.00 they paid to their insured on an uninsured-motorist claim. The insurance company must prove your involvement in the accident before they can get a judgment against you. However, if you are sued and do not file an answer or other responsive pleading in court, they may have a default judgment entered against you. You do not want a judgment entered against you because it will appear on your credit report. I would suggest that you contact the insurance company's attorney and ask for any information they have that ties you to the collision. If they have proof that you were involved, you should work out a payment plan to avoid having a judgment on your record. If they do not have proof and are just trying to intimidate you, you should find a private attorney or a a legal aid attorney if you qualify and defend the case.

This response applies only to California law, is not intended to be legal advice to any individual and does not create an attorney-client relationship.

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Posted

turn this claim over to your insurance carrier and advise them that this is a fraudulent claim and why. They will send it to their special investigations unit.

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