How can I prove false claims of a person claiming extreme injury and property damage in a rear end accident?

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This person was the person in front of the car my son rear ended. The vehicle my son hit claimed $2500 in vehicle damage, no medical. The woman in the car in front of that one was driving a large SUV with a towing hitch on the back of her vehicle. It took all the impact and there was no damage to the body of the SUV. The driver got out of the SUV with a boot on her for from prior event. Now she is claiming she can't work due to pain and suffering. Trying to get over $85,000. I honestly don't know how she sleeps at night. I have no assets, been a single mom since 1998...and have nothing she can sue me for. But have been served papers. I can't afford to defend myself in any court setting. What can she possibly get suing someone who has nothing

Attorney Answers

6
Candrew Campbell ·
Turn the matter over to your auto insurance company immediately, the policy will provide that they owe you a defense and bring up your concerns to the ins co and the attorney the company hires. Good luck.
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Jules Grandjean ·
The good news is: you don't have to prove anything. As a Plaintiff, it is her burden to prove that her damages came from the motor vehicle accident, and also that her damages are reasonable. Her burden is "a preponderance of the evidence" - meaning she must prove it is "more likely than not" what she is saying is true. If she can't prove it, she loses. Now, this does not mean you can sit back and do nothing. You still have to participate in the lawsuit. If you don't file an answer to her complaint, for example, she wins by default rather than having to prove a case. You can also allege defenses to actively disprove her allegations, if you like. If your son had auto insurance on the day of the wreck, then that insurance company will appoint a lawyer to defend him, and you, if you are also named as a Defendant. This will happen even if you cancelled coverage later on after the accident. The cost of the attorney is paid for by the insurance company. It's all part of the package you get by purchasing auto insurance. What auto insurance coverages apply? If the involved vehicle was listed on a policy, that insurance company is primarily responsible for defending your son. If your son was insured on a different vehicle or policy, that insurance would be secondarily available. If you have auto insurance and your son lives with you, it is possible that he might be covered under your own insurance, depending on the language of the contract. Either way, you will want to call your insurance carrier right away and inform them of this lawsuit, so that they can begin to defend on you and your son's behalf. The fact you have been served papers suggests that this lady has already made a claim on your insurance, and that the insurance company doesn't believe her or wants to hold her to a burden of proof. Nonetheless, your carrier might make a settlement offer to protect your son against third-party lienholders, if for no other reason. Your coverage has a maximum payout (policy limits), which you agreed to when you bought it. Many times, a deal will be worked out within your amount of coverage even if the medical bills exceed it. If such a deal is made you are off the hook for any monies from your own pocket. If this lady runs a background check on you, and discovers you have no assets, there is even more incentive for her to take what the insurance company offers her and to leave you alone personally. Last, this lady may have purchased UM and UIM coverage for herself. That insurance would pay her if your insurance was too low to cover her loss, or if you had no auto insurance at the time and she chose not to pursue your assets. If UM/UIM is available to her, there is high incentive for her to use it, rather than proceed against you personally. Namely, this insurance is a liquid cash source for her to make a claim to, rather than choosing an uphill battle of proving a case against you for money you might not even have anyway. Hope this is helpful. Best wishes to you.
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Thomas John CestaBankruptcy AttorneyMesa, AZ ·
Was your son driving your car, or his own? Was he under 18 at the time of the accident? Did he have insurance? If he was insured, tender it to the insurance company. If not, you need to answer the complaint, and counterclaim for fraud. But as long as this was not a DUI, the debt is dischargeable in bankrutptcy as a last resort.
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Christopher Hoffmann ·
Your son was driving. You are not a proper defendant but your son is. Turn the matter over to your insurance carrier for them to indemnify and defend you in this case. If you do not have insurance, get a local lawyer immediately.
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James Hoffmann ·
Surveillance is an option. If you are in Court, your attorney can request an independent medical examination of the injured party to review the medical, examine and render an option regarding the injuries alleged, causation, damages, permanency, pain and suffering, limitations, and etc... Call a local attorney to see if the law of your state allows this in a car accident.
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