Am I being treated fairly in my personal injury case? 1 Answers as of July 29, 2011I was trying to get in the lane to my left but the guy sped up so I tried to speed up and get over but the cars kissed. I was young and dumb and fled and the guy chased after me. I got away and a cop showed up to my house. I was charged with Fail to stop and render and false report to a peace officer. I went to jail for 3 days. I went to court a few weeks later and was charged with damages >=$200. I have everything paid off and now he want 3000 for damages and tow truck and 5000 for medical. He didn't need a tow truck. The police report states that there was no tow truck and under the injury severity it says not injured. The cop marked his vehicle damage rating as 5-RP-1. Then there is a box thats says in your opinion did the crash result in at least 1,000 and he selected yes... But I was charged for damages less than 200 and he marked the rating at a one. Does this guy have a case at all?
Law Offices of Earl K. Straight | Earl K. Straight
The less than $200 charge was a criminal matter, which does not always equate to a civil case. That said, you have every right to make this guy prove his case, including all alleged damages, so that he can only claim his actual incurred damages and not a lot of exaggerated figures. If you had auto insurance at the time, you need to let them handle it for you. Otherwise, you can decide to settle with him or not. If not, the worst thing that happens is he files a lawsuit, in which case he will have to prove his damages to the court.
Answer Applies to: Texas