Hit and run driver is suing me after court threw his situation out, wants compensation for fees saying he never hit my car.
4 attorney answers
notify your insurance co.
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Turn it over to your insurance company and let then defend you, that is why you pay your premiums.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
In the US, anyone can sue anyone for pretty much anything. As my colleague has stated, that does not mean the person suing will recover anything. You need a lawyer. See if any of your insurance coverages will provide one (auto, homeowner's, etc.). If they won't, you are going to need to pay one. Your lawyer should be bringing a motion to dismiss, and a counterclaim for fees/costs. The key defense I can see is that YOU did not sue the driver who hit you. You only reported the contact between the vehicles. The matter was then investigated by law enforcement, and their representative brought the citation -- at that point you were only a witness, not the one bringing the case. Just because the criminal system could not prove the citation beyond a reasonable doubt does not mean you lied, and if that is the only basis of this person's claim against you, they will have the same problem proving that the contact DIDN'T occur.
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I am confused as to what your question is - are you asking whether he can sue you if you don't pay? If so, then yes. However, whether he will actually recover anything is a different story. Additional information is needed to provide a more thorough response.
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