1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can I sue the other party?

Discussion in 'Auto Accidents, Injuries' started by Savana, Aug 26, 2021.

  1. Savana

    Savana Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    Long story short, I was in an accident on a rainy windy day. The other party pulled out from a parking lot prematurely and side swiped my vehicle ( no injuries occurred, just minor vehicle damage). The other party said they didn't have any form of ID, but she gave me the insurance information. She told me that it was her mother in laws car that she wasn't on the insurance. Because of the weather and my kids being in the car I rushed and I took what I could (insurance and telephone number) Let me be clear in saying that I 100% know that I didn't handle the situation properly ( calling police for a report, taking picture etc.)

    It took a week for the other insurance company to contact mine. When they finally did speak, I found out that the other party lied about what happened that day AND she's lying about who she is. What the other party doesn't know is that once she gave me her cell number, I saved it and it automatically linked me to one of social media's. She is claiming to be someone that is covered on the insurance, even though she's not.

    It has been about 12 days since the accident, can I still file police report? Can I sue her? I understand that the accident at this point is only " he say ,she say" , but now she is lying about who she is.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,768
    Likes Received:
    882
    Trophy Points:
    113

    You can still file a police report.

    Sure you can sue the person driving and the owner of the car.

    But you should contact your insurance company right away.
     
    Red Kayak and Savana like this.
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,526
    Likes Received:
    3,890
    Trophy Points:
    113

    Sure. But if you have collision coverage, why bother? Your insurance will fix your car and go after the other driver. That's what you pay them to do.

    OTOH if you don't have collision coverage then, yes, you will have to sue her. And I suggest you include the owner of the car as a defendant under the theory of negligent entrustment. (Look it up.) Might not stick but it will get the owner's insurance involved.
     
    Red Kayak and army judge like this.
  4. Savana

    Savana Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1

    I filed a claim with my insurance company, but I wasn't too sure how much they could do about the fact that the person is lying about who they really are.

    That makes sense, I guess I'm just a little irritated that she's lying about what happened and she's lying about who was actually driving. Thanks for your reply, I'll sit back and let the insurance company handle it. I just wasn't too sure if anything could be done since she is lying about her real identify.
     
  5. Zigner

    Zigner Well-Known Member

    Messages:
    4,813
    Likes Received:
    2,718
    Trophy Points:
    113

    Her identity will shake out...your bigger concern should be proving the facts of the accident.
     
    army judge likes this.
  6. army judge

    army judge Super Moderator

    Messages:
    34,843
    Likes Received:
    5,968
    Trophy Points:
    113

    That is why, no matter how slight the damage, YOU should always call the police and wait for a police officer to arrive at the scene.

    In Texas, you are required to file a crash report if the accident results in fatal injuries, death, or property damage worth $1,000 or more. Failing to file the crash report could result in serious repercussions including penalties of up to $5,000 and/or imprisonment.

    Never TRUST anyone to do ANYTHING but lie, deceive, scam, and trick you.
    TRUST only yourself, or as it says on our money,

    "In God We Trust" (sometimes rendered "In God we trust") is the official motto of the United States and of the U.S. state of Florida. ... The capitalized form "IN GOD WE TRUST" first appeared on the two-cent piece in 1864; it was also printed on paper currency since 1957 and on some post stamps since 1954.
     
    Red Kayak likes this.
  7. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,529
    Likes Received:
    1,655
    Trophy Points:
    113

    Call the police and ask.

    Anyone can sue anyone for anything.

    Are these really the questions you intended to ask?

    Do you have collision coverage? If so, it doesn't matter.
     
  8. Zigner

    Zigner Well-Known Member

    Messages:
    4,813
    Likes Received:
    2,718
    Trophy Points:
    113

    I wholeheartedly agree with this. I was in an accident a few years back wherein the other driver pulled away from the curb, through the first lane and in to my lane, sideswiping me and causing over $7k in damage. I called the police and when the officer took our statements, the other driver said that he had pulled in to my lane. I was lucky that the officer wrote that statement in the report, because the statement the other driver made to his insurance company was exactly the opposite of the one he made to the officer at the scene. Once the report was presented to his insurance, they accepted full responsibility and paid for the repairs to my vehicle.

    The only thing better than that report would have been dashcam video of the accident. I bought a dashcam within a few days after that accident and haven't been without one since.
     
    army judge and Savana like this.
  9. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,526
    Likes Received:
    3,890
    Trophy Points:
    113

    Very common for people who cause accidents to lie about things. It seems to have become human nature.
     
    army judge and justblue like this.

Share This Page