I'm being falsely accused of leaving the scene of an accident with injury. Can a civil lawsuit be filed against me for damages?

Asked over 2 years ago - Fort Lauderdale, FL

I'm being falsely accused for leaving the scene of an accident with injury to a pedestrian. I was not at the scene of the accident when it happened and police reports and witnesses show that he was hit by a car that is totally different than the car I drive and I do not know of anyone that drives a car he was hit by, The victims injuries are mostly surface wounds and was released from the emergency room shortly after the accident. Although I told my insurance company not to pay, My insurance company decided to settle to the limit of my liability insurance but, maybe short of what he is seeking for pain and suffering. He has a UM / UIM policy up to 250k and is trying to tap into that. His lawyer cashed the check and is in a trust account. Release was not signed yet. Can I still be sued ?

Additional information

The victims lawyer decided to settle with my insurance company and cashed the check. The money is in the lawyers trust account. No release was signed yet because they are waiting on the outcome of the UM / UIM ( 250 max. ) for pain and suffering. Can I still be sued ?

Attorney answers (4)

  1. Michael Leonard Mastrogiovanni

    Pro

    Contributor Level 13

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    Answered . As apart of the settlement the plaintiff will sign a release from liability so I would not be concerned with that. I would be concerned with the state attorneys office coming after you for criminal charges. Leaving the scene of an accident with personal injury is a third degree felony and is a serious charge.

    I would advise you to consult with a local criminal defense attorney and discuss the situation.

    The information presented is for information purposes only based on the information provided. An attorney client... more
  2. Aaron J. O'Brien

    Contributor Level 13

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    Answered . Your insurance company likely required a release of all claims from the injured person in exchange for the policy limits. If so, then no, the injured party cannot sue you as he gave up the right to do so in exchange for $250k.

  3. John Gus Zgourides

    Contributor Level 17

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    Best Answer
    chosen by asker

    Answered . If you are sued, it sounds lije you will have strong defenses. The release should be signed before the plaintiff receives the funds. Then you would have an affirmative defense of "release." Even if it is not signed, if the plaintiff accepts the funds, you would have affirmative defenses of "payment" and "accord and satisfaction." if you are sued, you may also have a counterclaim for breach of contract. If your insurer pays out your policy limits and fails to get a release, look into suing your insurer.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  4. David L. Hirsch

    Pro

    Contributor Level 9

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    Answered . Can you or is it likely that you will be? Anyone can be but the likelihood is that your insurance company covered that in the settlement and they have accepted the benefits of the settlement and will not likely thereafter to be able to sustain an action filed against you. I wouldn't worry about it. Sad though that your carrier felt compelled to settle at all. Then they will turn around and blame other plaintiffs with legitimate claims for causing the injustices and high cost of insurance.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Pedestrian accidents and personal injury

Pedestrian accidents pose a significant risk for personal injury. However, pedestrians injured by vehicles may be able to recover damages.

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