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I was falsely accused with leaving the scene of an accident with injury. Pedestrian did not get plate, decided to blame me .

Fort Lauderdale, FL |

Pedestrian was hit by a car that is totally different from the car I drive. He did not get the plate number and decided to file a false report blaming me for the accident. so he could get money from my insurance company. After the P.D. investigated the incident, the P.O. issued me a citation a month after the accident. Told the P.O. That I did not do this and I do not know of anyone that drives a car that the pedestrian was hit by. Please advise !
Can I sue the Victim in a civil court for filing a false report ?

Attorney Answers 4

Posted

I'd agree that the victim may not have any money and that a claim against him may not be worth pursuing although you may have one. With that said, how do you know the car is different from the one you drive? Is that something known to the officers? How could they put you in a different car? If the officers ignored evidence easily obtainable and simply relied on the victim's statement and failed to conduct an investigation before preparing the citation (you sure you weren't arrested on a warrant?) then you might have a claim against the officer. I would consult with a local lawyer that handles civil rights claims. There may be particular notice requirements and statute of limitations that apply, so I would consult with someone quickly.

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Asker

Posted

The car stated on the Police Report by either the victim or other witnesses ( not clear on who ID'd the car ) was positively identified as a totally different car of the one I drive. Officers called me into view my car for any damages and showed them that my car is totally different from the one I drive. PO said that the victim ID'd me on DMV photo line up and then they asked me if I knew him. That's hen they gave me the citation for leaving the scene. ( was no arrested on a warrant ). Had to appear in court on the date stated on the citation but, the court did not have citation on file. It's been 6 mos. now and nothing filed on the court docket. Not sure what to do at this point.

Asker

Posted

The car stated on the Police Report by either the victim or other witnesses ( not clear on who ID'd the car ) was positively identified as a totally different car of the one I drive. Officers called me into e station to view my car for any damages and showed them that my car is totally different from the one that is reported on the Police report. PO said that the victim ID'd me on DMV photo line up and then they asked me if I knew him. That's when they gave me the citation for leaving the scene. ( was not arrested on a warrant, was not read my rights, and no statements ). Had to appear in court on the date stated on the citation but, the court did not have citation on file. It's been 6 mos. now and nothing filed on the court docket. Not sure what to do at this point.

Asker

Posted

Scratch the first paragraph ! Second paragraph is more clear !

Eric Duane Stevenson

Eric Duane Stevenson

Posted

I would keep checking the docket to make sure you don't miss any court appearances, but there may be a speedy trial issue that could lead to a dismissal of the charges if they are ever pursued. Once you get a court date, consult with a local criminal lawyer before going to court to make sure the time delays are properly addressed. I strongly suggest talking with a criminal defense lawyer on this case to resolve your criminal case. You have two potential cases: a civil claim and a criminal claim in addition to talking with a lawyer about your potential lawsuit. You should make sure you know your rights regarding both issues.

Asker

Posted

No civil claims were made against me because ( against my wishes ) my insurance company decided settle with the PI attorney. Victim did not sign the release yet because, his lawyer probably didn't give him the amount he wanted but, his lawyer did cash the check which, I believe is a implied contract or release of any further claims against me. As far as the criminal side, I have been checking everyday on the computer and actually going to the courthouse to make sure if the citation was filed. I do get dated proof from the courthouse that I was there. I have been talking to lawyers but, have not retained one yet. Should I retain a lawyer before or after court date. What happens if the citation is never filed by the P.O. ? Can the PO change their mind in filing it ?

Posted

You can sue but can he pay a damage award? Consult with a local lawyer.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

He was the one who was hit by a car. Not me ! He falsely blamed me for doing this. What do I do ?

Posted

I agree with the other attorney. Because the remedy for civil cases is usually money damages, it is important to assess your oponent’s financial situation to evaluate his ability to pay. Also, did the P.D. drop the citation?

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Posted

I believe he has the money to pay but, not sure. Can this be done in a small claims court since my costs are under $5,000.00 ?

Posted

Suing this person would be a waste of time and money. You need to prove actual damages, meaning money not speculative damages or that it hurt your reputation. You also did not say whether the calim was dropped by the PD or the local prosecutor. Best bet is to get the claim dismissed so that your repuation is intact and so that your insurance carrier knows you were not involved in a hit and run accident.

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Posted

Thanks for responding ! It's been 6 mos. now and PD never filed citation and never appeared on the court docket. So, far nothing has been done on the criminal side yet. What can I do from this point ? Thanks

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