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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

  1. Best answer

    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.

  2. 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.

  3. 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?

  4. 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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