Also, it sounds like you (presumably you are the defendant in the case) had insurance and the insurance company offered the policy limits. In most states, your personal assets may be at risk if an excess judgment (award higher than the policy limits) is entered against you. That likely triggers your right to independent legal counsel… which is your insurance company may have to pay for. You need to speak with a local lawyer to ensure your rights and personal assets are protected
What happens if the plaintiff was hit by another driver and that driver left the scene and could not identify the other driver and decided to blame the defendant for the accident because he drove a similar car. Does the defendant have the right to prove he is not liable for the accident by way of a fraudulent claim ?
Even in the situation you describe, the Plaintiff has the burden of proving the defendant was the driver of the vehicle which he claims caused his injuries. However, as a matter of strategy, I would suggest that the defendant put on evidence that he was elsewhere and therefore it could not have been him. The burden would not be on the defendant to prove that fact; rather it would be evidence suggesting that the Plaintiff failed to meet his burden of proof. Now, after all that… If you don’t have lawyer defending you on the case… get one. You will need him/her.
So, under this type of situation, if the plaintiff fails to meet his burden of proof, the plaintiff does not get rewarded and walks away ?
Very good ! Thanks for that explanation!
My brother received a letter stating that he was at fault for an accident after rear ending a passenger truck that hit their brakes too hard and my brother did not have enough stopping distance. The letter said the insurance provider of the truck owner found him at fault for the accident and demanded $10,000 in restitution. Without consulting a lawyer or allowing the case to go to court, my brother sent an installment payment of $100. From what I understand, sending payment can be considered admittance of fault. He has been paying installments on the accident for a few years now and recently lost his job and much needed healthcare which pays for his transplant rejection medication.He has no assets, earns minimum wage, and needs to pay $400 a month for medications. He also has a daughter and girlfriend to provide for. My problem with this is that no trial occurred, no evidence given or any proof of it being entirely his fault was presented. Nor was any evidence that the other driver was harmed. What would happen if he stops sending payments? I plan on advising his girlfriend to demand child-support to protect his few wages from wage garnishments.