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What should I do next concerning an injury claim being made against me from an auto accident?

Santa Clara, CA |

I was recently in a car accident. I am the one that hit the other car so I was found at fault. I took pictures of my car and the other guy's car. There was no exterior damage to his car while I needed to replace my bumper, grill and hood. He somehow got my insurance to believe there was damage to his car that they have now paid to fix. He has hired an attorney and filed an injury claim when he told me at the time of the accident as well as the translator from my insurance company that he was not injured and is requesting the bodily injury limits on my insurance. I don't want to get into a lawsuit but it really seems to me that this guy is trying to run some sort of con.

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Attorney answers 6


Not clear whether you have been sued or simply received a letter from an attorney, but either way, contact your insurance company right away and they defend you.


Assuming you have insurance, your insurance company should hire an attorney to defend you against the lawsuit and any frivolous claims.


Contact your insurance carrier to advise them of this and they will assign an attorney to you free of charge who will defend the suit.


Turn it over to your insurance company to resolve.

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Please turn the case over to your insurance company. They will hire an attorney and defend you. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de accidentes y lesiones is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


If you had rinsurance at the time of the accident, this is precisely the scenario where your insurance handles the situation. If you did, it is simply a matter of notifying your company and sending them a copy of any lawsuit that you are served with, or if it is only a written demand, you can send them that information. The insurance company will handle the claim and resolve it before suit or, if suit is filed, they will appoint an attorney to defend the case. That is part of why you pay insurance. Good luck.

Because every legal situation is different and depends on many factors, the responses provided at this site are not and are not intended to be, legal advice or a guarantee of the outcome of your matter. Likewise, it is not intended to create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. However, contacting us does not create an attorney-client relationship. Such a relationship is only created when our firm and any potential client agree upon and enter into a written retainer agreement.

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