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Can i sue someone who caused an accident and lied to his insurance co about being at fault.?

By admin on June 6, 2011

I was rear ended by a dump truck while traveling 65mph on a highway. The guy came over into my lane, hit the side back of my vehicle and caused my car to smash into a concrete barrier. He attempted to lie to the officer, who issued him a citation, and now he is lying to his insurance co, who in return, is failing to accept my claim. Can i sue this guy for defamation of character and emotional distress(he is indeed guilty of causing this to me)

Posted in | Tagged , , , , , | 5 Responses

5 responses to “Can i sue someone who caused an accident and lied to his insurance co about being at fault.?”

  1. James
    James
    June 6, 2011 at 6:17 pm |

    Your insurance company is the injured party if his insurance refuses to pay and, if they believe they can fight them, they will sue his insurance/him. Just call your insurance and tell them what happened and let it go from there.

  2. fwf43
    fwf43
    June 6, 2011 at 6:58 pm |

    Since this was turned over to your insurance company, it has become their responsibility. Typically the repairs may be paid by your insurance then a suit filed to recover from the other insurance. I am sure your insurance has its lawyers working on this situation.

  3. Shortstuff13
    Shortstuff13
    June 6, 2011 at 7:32 pm |

    I agree with the two above me! I wouldn’t be surprised if the guy hasn’t pulled this on someone else in the past.

  4. Joseph
    Joseph
    June 6, 2011 at 7:57 pm |

    Leave it to your insurance company. They’ve got the headache, not you. Of course the truck driver is lying. But a summons was issued to him at the scene. That’s not a plus for him. But glad no one was physically injured. Defamation of character. Not much of a chance of collecting anything on that score. Unless you are a grand celebrity who people admire and are a great role model in the publics eye. forget defamation. Distress? That you can collect on, but don’t depend on the insurance company to put in a claim for that. For that, you,ll need your own lawyer.

  5. Phillip B
    Phillip B
    June 6, 2011 at 8:05 pm |

    First of all he received the citation. Second your insurance company should be going after his insurance company.

    Why are you placing a claim with them? You did have insurance I assume so stop worrying about the emotional distress and defamation of character thing.

    Let the insurance company handle their job.

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