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If someone falsely accuses someone of a hit and run, and the car identified was different than the car the accused drives ......

Fort Lauderdale, FL |

If someone falsely accuses someone of a hit and run, and the car identified in a police report was totally different than the car registered to the accused driver, can the accused driver use this information as evidence against the accuser for making a false report ?

What steps should the accused take to protect him / her self from further liability ?

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Attorney answers 4

Best Answer
Posted

Difficult to answer with these facts because it's not clear what steps have been taken by the accuser who is falsely accusing you. If you have been sued, you need to report it to your insurance carrier immediately and, in fact, it might not be a bad idea to report it to them anyway and let them deal with it. That's why you pay your premiums. If you have not been sued and don't want to report it to your insurance carrier, politely refer them to the police report for the correct information if they contact you again and leave it at that. Hope that helps.

This communication is not intended to, and does not, create an attorney-client relationship.

Asker

Posted

The accuser made a claim against my insurance company and they paid limits to the accuser. The accuser has UM insurance and is going after that money. I did report this as a false report to my insurance company. This guy is getting away with fraud . Not sure what to do from this point ? Any suggestions ?

Justin Minton

Justin Minton

Posted

I would probably let it go. Sounds like your insurance company flubbed up, but at least it was on their dime. If they raise your rates just cancel 'em and hire the one on the next commercial.

Asker

Posted

Well, I understand what you are saying. Some people say they did the right thing to protect me from the PI attorneys suing me. They also say that my insurance company has a responsibility to protect me because, I can file suit against them if they did not take action. Do you know what happens from this point if a lawsuit is filed against me for something that I did not do ?

Justin Minton

Justin Minton

Posted

There shouldn't be a lawsuit filed against you as that detail should have been worked out when your auto insurance paid the policy limits. Of course, if you do get sued notify your insurance carrier immediately and then consult a local PI attorney.

Asker

Posted

OK! Thanks ! Most PI attorneys represent plaintiffs. Are there PI attorneys that represent defendants or should I just look for a criminal / civil defense attorney ? Is it a good idea to consult with an attorney now or wait till a suit is field ?

Justin Minton

Justin Minton

Posted

I would wait. If suit is filed contact a PI attorney because you might very well be both a defendant in the case of the other party suing you, but you could also be a plaintiff in a direct action against your insurance company for failing to secure a release on your behalf. Sounds like they probably did, though, which is why I would wait.

Asker

Posted

OK! Thanks ! Well the situation with the non-signed release is due to the UM money they are waiting to receive. They have to get permission from the UM insurance in order to sign a release ! Does that sound right ? How often does an insurance company try to subrogate money from the accused? Will they try if they knew the true circumstances in this case ?

Posted

I agree with the other attorney

If this information has been helpful, please indicate below. NY Attorney, Daniel Buttafuoco, has been voted BEST LAWYER five years in a row and has represented clients all over the United States. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Daniel Buttafuoco strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. www.1800NowHurt.com

Posted

I hope I am understanding your question correctly. A person does not have to be the registered owner of a car in order to be the driver. Just because a car is not registered to the driver is not evidence that the driver was not driving the car. If the accused is concerned about possible criminal charges, the best steps they can take is to make retain a criminal defense attorney and to not make any statements regarding this incident.

DISCLAIMER Any information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and I welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established.

Asker

Posted

Yes ! I know what you are saying but, if you knew the circumstances of this situation, you would know what I was talking about !

Perry L. Cameron Jr.

Perry L. Cameron Jr.

Posted

Feel free to give my office a call.

Posted

It is never too early under such circumstances to hire an experienced criminal defense attorney.

This is not intended as legal advice.

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