Not sure of the identity of the person who hit me....

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tennesseejed07

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going on 24 hours here... i posted about a legal situation i'm involved with.... got a message saying it will appear when a moderator has approved it.... what gives????????


fic accident suit ... question
I was recently hit by an uninsured motorist... the police came and filled out a report... the girl gave me false insurance information and will not return my phone calls. I filed a complaint with the department of safety and her license is now suspended. Then I filed a civil lawsuit against her for 3500.00 because i did NOT have uninsured motorist coverage and 3500 is what it cost to repair my vehicle. So the sheriffs department calls me and claims that no one lives at the address that was on her drivers license and they asked me if i had another address. i looked up her name from her drivers license in the white pages and 2 addresses came up under her name. I gave the additional address to the sheriffs department and they said no one lived at that name either but they asked the landlord where she works and he told them. So they went to her work and served her.

The person then called me claiming that there must be some kind of identity mix-up. The girl claims she has never owned a vehicle of that type, that she has never even been in my area of town. She claims that the DOB on the drivers license isn't her birthday and that she is going to counter sue me if i don't cancel the order for her to appear in court.

Where do i go from here. How do i know that this person isn't just trying to trick me. If she comes to court and isn't the same person then how do i track down the right person and have them served? She asked me what will happen if she doesn't come to the court date since she isn't the same person involved in the accident. If she doesn't show up for the court date and isn't the person that was involved in the accident, will the judgement be against the actual person i'm sueing or will the judgement go against the person that was served?
 
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Let her come to court and prove that she's not the person who hit you.
 
We have been experiencing a flood of spam.

We put new filters on the site.

Someway, your post triggered that filter.

So, I just reposted your question here.
 
At this point. I would still sue her. The burden is on her to prove she ws not driving that car. I assume you would be able to identify her if she shows up in court?

I am a little confused, was this woman not cited? If she had a fake ID at the time she wa cited, wouldn't the police officer have caught it?
 
At this point. I would still sue her. The burden is on her to prove she ws not driving that car. I assume you would be able to identify her if she shows up in court?

I am a little confused, was this woman not cited? If she had a fake ID at the time she wa cited, wouldn't the police officer have caught it?

yes i will be able to identify her in court.... her ID wasn't fake... the problem here is there might be two people by the exact same name and possibly the wrong person was served to come to court...

the question is... can she counter sue me for time out of her work if she ends up being the wrong person?
 
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