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I backed up into someones bicycle. They claimed injury when they were not on it. Insurance company deemed it fraud but settled

Saint Augustine, FL |

anyway. Now I am in court fighting the ticket. This man left a papertrail that does show fraud and the officer will not be in court. Can he still sue me? I dont want this on my driving record, do I need an attorney? And can I in turn sue him in civil court for the fraud? This has raised my rates 1200 per year. Damaged my insurance rating. ect.

Attorney Answers 3

Posted

Generally, if he is going to sue you then he still needs to present evidence. That requires witness testimony. I am curious to know what you mean by "papertrail." Most papers would be considered hearsay. There are hearsay exceptions but without knowing what kind of paper it is and what it says.

You could sue him if you can prove that he committed the fraud. You would have to prove that a fraud was committed by him, that you have damages, and that he is liable.

If he is going to sue you then you definitely need an attorney, but your insurance company would hire one for you.

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Posted

A traffic court lawyer should be retained for a couple hundred bucks to help fight ticket.

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Posted

The bicycle owner can not successfully sue you, since you have indicated that your insurance company settled the claim with him. Your insurance company would have secured a release of your liability. I suggest you may want to request a copy of the release from your insurance carrier.

I doubt that it would be productive for you to attempt to sue him for fraud. It was your insurance carrier who sustained the loss. The increase in your rates may not have come so much from the bodily injury claim the biker pursued, but rather from the fact that you backed up into his bicycle.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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