How do I protect myself if I am being sued over a minor accident? 32 Answers as of February 20, 2012
Nine months ago I was at my boyfriend's house and he and I were leaving in the evening to go to the gas station. My boyfriend's 1994 car was parked right behind us. I did not see the vehicle and ended up backing up to his friends bumper. There was no damage to the car and when I had told his friend about it he had told me not to worry about it. I saw his friend again a couple days later at my boyfriend's house and again he said do not worry about it. In June my boyfriend and I split up three weeks later his friend contacts me and says that he now has a $800 estimate for his car. I told him that there was no way that I did that kind of damage to his vehicle. He is suing me. Do I have grounds to fight this case?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereA. Daniel Woska & Associates, P.C. | Dan Woska
Unless you are currently teleporting around the universe or truly hallucinating, you saw the damage and know the answer to your question which is the guy is just shaking you down because of the buddy of his you dumped. Fight it or hire a contingency fee lawyer to counterclaim against him or fraud.
Answer Applies to: Oklahoma
Replied: 9/1/2011
Andrew T. Velonis, P.C. | Andrew Velonis
First, contact your insurance company to find out if you are covered by this. If so, then co-operate with their investigation and defense and they will handle it. Otherwise, the owner of the other vehicle will have to bring you into small claims court and you can challange his evidence.
Answer Applies to: New York
Replied: 8/29/2011
E. Ray Critchett, Zaino & Humphrey, LPA | Ray Critchett
You may want to notify your insurance carrier about the accident and about the alleged claim so they can fight it for you. That is why we purchase insurance.
Answer Applies to: Ohio
Replied: 8/27/2011
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
Contact you auto insurance carrier, and they can handle it for you.
Answer Applies to: Nebraska
Replied: 8/26/2011
Patrick M Lamar Attorney | Patrick M Lamar
Of course you do. However, you should have taken photos at the time of the incident.
Answer Applies to: Alabama
Replied: 8/26/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You should report this to the insurance company. They will deal with it at no additional charge to you. The insurance premiums you pay are to protect you. Let em do it and don't worry about it
Answer Applies to: North Carolina
Replied: 8/26/2011
Law Offices of Earl K. Straight | Earl K. Straight
You have every right to fight it. At the very least by fighting it you will make him prove his damages, which you can contest.
Answer Applies to: Texas
Replied: 8/26/2011
Dunnings Law Firm | Steven Dunnings
If you had an auto insurance company at the time, you should contact them. If not, wait for him sue you in small claims court.
Answer Applies to: Michigan
Replied: 8/26/2011
Kelaher Law Offices, P.A. | James P Kelaher
First of all, you should immediately turn it over to your insurance company, and tell them the reason you didn't promptly report the accident was because it was so minor and the owner of the other car said not to worry about it. Your insurance company might try to refuse to cover you because you didn't promptly report the accident, but if they do that, go see an attorney right away, and I'll bet he can get the insurer to provide you with that coverage.
Answer Applies to: Florida
Replied: 8/26/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Does your automobile insurance cover the damages? If not, you may want to consult with a defendant's accident attorney for legal advice.
Answer Applies to: Indiana
Replied: 8/26/2011
Law Office of Mark J. Leonardo | Mark Leonardo
It sounds like it will be a credibility contest. If the judge believes you, youll win. If he thinks the other guy is being truthful, you will likely lose. You might argue laches which is a delay in bringing the claim forward, even if it is within the statute of limitations. You should use the fact that he has waited so long to show that this is a revenge tactic because you broke up with his friend.
Answer Applies to: California
Replied: 8/26/2011
The Margolis Firm | Charles J. Candiano
Immediately turn all information over to your insurance. They must defend you, including hiring an attorney.
Answer Applies to: Illinois
Replied: 8/26/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
You should report the incident to your insurance company and let them defend the claim.
Answer Applies to: Washington
Replied: 8/26/2011
Coulter's Law | Coulter K. Richardson
Answer the complaint. Deny everything. Also, deny that you did the damage. Because he waited so long to demand you repair the damage, there is no way to prove that your car did the damage he alleges was done to his car. So much time passed that he may have independently damaged his bumper or someone else damaged it. Finally, because he waited so long, he deprived you of the ability to examine the damage in the light of day, take pictures, and get a second opinion on the damage. Having denied you the ability to verify this damage he impaired your rights to be assured that you a) actually did the damage, and b) the damage is as much as he says it is. At trial (because this will be small claims court), demand the original estimate of the damage. If he fails to produce it, ask the judge to exclude it using the "best evidence rule." (You have to produce originals). Finally, deny that it costs $800 to repair the bumper. That sounds like the cost to replace the bumper. If the damage was cosmetic, the cost to repair it would be some buffing and new paint.
Answer Applies to: New Jersey
Replied: 8/26/2011
Law Office of Jared Altman | Jared Altman
Of course you have a complete defense if there was no damage. But what you really need to do is turn the lawsuit over to your insurance company and let them worry about it.
Answer Applies to: New York
Replied: 8/26/2011
Klisz Law Office, PLLC | Timothy J. Klisz
Sure. Turn it over to your insurer. They will handle the defense.
Answer Applies to: Michigan
Replied: 8/26/2011
The Law Firm of Reed & Mansfield | Jonathan C. Reed
If you own your own vehicle you should contact your own insurance company which will probably provide coverage to you for this.
Answer Applies to: Nevada
Replied: 8/26/2011
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
If you think that a claim is going to be made against you then you should notify your insurance carrier of same. If you wait too long they have the right to disclaim do to the fact that same was not reported timely. It appears that you are aware that the incident took place and now there is a question of if there are damages.
Answer Applies to: New York
Replied: 8/25/2011
Law Offices of Steven A. Fink | Steven Alan Fink
He will have to prove you caused the damage. Did you take any pictures at the time you bumped into his car? It is a small claims case and the only thing you can do is testify as to what happened. It would help if your ex boyfriend testified the same way.
Answer Applies to: California
Replied: 8/25/2011
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Yes. Get an estimate from someone else but ultimately you will have to pay for the damage.
Answer Applies to: Florida
Replied: 8/25/2011
Richard E. Lewis, P.S. | Richard Eugene Lewis
Yes. He has the burden of proving that the damage he claims was caused by you.
Answer Applies to: Washington
Replied: 8/25/2011
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
You should refer the claim to your insurance company for it to handle.
Answer Applies to: Delaware
Replied: 8/25/2011
Judnich Law Office | Martin W. Judnich
You should contact your insurance company and allow them to defend it.
Answer Applies to: Montana
Replied: 8/25/2011
Law Office of Russell D. Gray, PC | Russell D. Gray
If you caused the accident, and the accident caused the damage, you are liable. The only questions would be whether the damage they're claiming was actually caused by your accident. You should submit the claim to your insurance company, this situation is exactly why you pay for insurance every month.
Answer Applies to: Utah
Replied: 8/25/2011
Ewusiak & Roberts, P.A. | Christopher J. Roberts
If you did not damage the car, you can defend the case on the basis that the damage was caused by someone else. If you did the damage, then it probably doesn't matter that your boyfriend initially told you "not to worry about it." If you had auto insurance covering property damage, your insurance company will help you. You should let the insurance company know right away about the lawsuit and/or hire a lawyer immediately. If you don't file an answer within 20 days of being served, you will be defaulted and you may lose your ability to defend yourself.
Answer Applies to: Florida
Replied: 2/20/2012
The Lucky Law Firm, PLC | Robert Morrison Lucky
You should report the accident to your insurance company and/or the insurance company for the vehicle you were operating at the time of the accident. They will take over the handling of the claim and pay what needs to be paid and defend you appropriately. If there was no insurance coverage, then he does have a right to sue you for the damages to the vehicle caused in the collision. Unfortunately, cars today are not as well made as they used to be, plus they cost much more to fix. I have seen minor impacts result in considerable damage - even if the damage is not visible. Good luck with everything.
Answer Applies to: Louisiana
Replied: 8/25/2011
Joel H. Schwartz, P.C. | Steven A. Schwartz
The insurance company of the car you were in should defend you on this matter for free. You should tell them everything and that at the time you saw no damage at all. They will handle it for you. Best of luck.
Answer Applies to: Massachusetts
Replied: 8/25/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Unfortunately, body repair is a license to steal. Even a repair of a scratch can cost hundreds of dollars because they have to work on the entire quarter panel, including replacing any pinstripes, decals, or trim. Call your insurance company immediately and report what has happened. Let them handle it. If they bump your premium, find a new company.
Answer Applies to: Montana
Replied: 8/25/2011
Law Offices of Andrew D. Myers | Andrew D. Myers
Report this to your insurance agent. This is what insurance is for. One thing insurance companies are good at is squashing phony claims. If you do not have insurance, then send the "friend" a nastygram giving notice that he had previously admitted that there was no damage, and that further, such later generation of a damage claim is clearly based on motive. Give notice that should "friend" opt to bring a small claim or other process that you will seek your cost of defense.
Answer Applies to: New Hampshire
Replied: 8/25/2011
Cody and Gonillo, LLP | Christine Gonilla
Sure; talk to your insurance carrier.
Answer Applies to: Connecticut
Replied: 8/25/2011
Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
You should immediately report the claim to your car insurance company and let the company handle the defense of the claim.
Answer Applies to: North Carolina
Replied: 8/25/2011



























