Can I sue the other party?

Savana

New Member
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.
 
Can I sue her?

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.
 
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.


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.
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.


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.
 
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.
Her identity will shake out...your bigger concern should be proving the facts of the accident.
 
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.

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.
 
can I still file police report?

Call the police and ask.

Can I sue her?

Anyone can sue anyone for anything.

Are these really the questions you intended to ask?

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.

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