I was falsely accused of leaving the scene of an accident with injury to a pedestrian. Criminal and Civil issues involved.......

Asked about 2 years ago - Fort Lauderdale, FL

I was falsely accused of leaving the scene of an accident with injury to a pedestrian. The pedestrian was hit by a car that is totally different from the car I drive that was stated by eyewitnesses and I was not at the scene because, I have proof of my where abouts at the time of the accident. The police report that was written was very vague and criminal charges were never filed. The victims personal injury attorney filed a claim against my insurance company and Although, I was not at fault and told my insurance company not to pay, they decided to pay the claim to the max of my liability coverage. The PI attorney accepted the funds but, did not sign the release. The victim is going after his UM/UIM coverage on his policy for pain and suffering. Will his insurance company try to sue me ?

Additional information

If he gets paid by his insurance company under his UM/UIM policy how much can he get and will his insurance company try to recoup those funds by suing me personally ?

Attorney answers (3)

  1. Mark Nickolas Longwell

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . It is unlikely there is not a release from any further civil liability. Your insurer can not get a release for criminal liability. That is up to the government. You should hire a lawyer.

    This content is informational only and does not establish an attorney-client relationship.
  2. John Gus Zgourides

    Contributor Level 17

    6

    Lawyers agree

    Answered . If your insurer paid your limits without obtaining a release, you need to retain a lawyer in the jurisdiction where the "settlement" was made to review whether you should take legal action against your insurer.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Matthew Phillip Konecky

    Contributor Level 15

    3

    Lawyers agree

    Answered . Regardless of the release, if you get sued, your insurance company must defend you. You stated there was criminal issues involved, where you served with a criminal complaint or information, or were you arrested? If so, you need to defend this case. Review my website to see if it answers any questions you may have.

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