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

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 ?

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

Posted

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.

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Posted

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.

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1 comment

Asker

Posted

Thanks for responding ! There is no criminal liability because, they never filed the citation and no action was taken against me. Why is it taking so long for the PI attorney from signing the release?

Posted

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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2 comments

Asker

Posted

Yes I received a citation but, either the PO didn't file it or the state prosecutor decided it wasn't worth it. Does that have any favor if a civil suit is filed against me ?

Asker

Posted

It's been over 6 mos now since I received the citation !

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