Check out some similar questions!

lazybones18 · Sep 8, 2009, 03:39 PM

Hi, 3 days ago I got served. I have to pay $13,000 for a accident I was never involved in. The plaintiff, state farm, claims that I had a accident which I was responsible for. My dad crashed the car and I was not even involved in the accident at all. My dad has insurance with state farm and they paid for damages which they want back since my dad was at fault. I got a summon letter. I cannot afford a lawyer. What should I do next ? I need to file something within 30 days... what form should I file.. My case is being handled by los angeles county superior court..

lazybones18 · Sep 8, 2009, 03:42 PM

Can they still win the case if they have no evidence that I was involved in the crash ?

JudyKayTee · Sep 8, 2009, 03:43 PM

State Farm is subrogating the claim - going after the party that caused them (State Farm) to have to pay. This is not unusual.

It was your car that your father was driving? Then it comes back to you.

This is a superior court, not small claims, so I don't advise AT ALL that you represent yourself. You'll have to weigh the risk of a $13,000 (plus costs and interest) against you vs the cost of an Attorney.

I am unclear on one thing - which "policy" is suing you? Your father's? Yours?

Was your father intoxicated or impaired?

JudyKayTee · Sep 8, 2009, 03:44 PM

Originally Posted by lazybones18

Can they still win the case if they have no evidence that I was involved in the crash ?

I "assume" they are simply trying to collect the money that they put out.

What does the Police Report say about who was driving? How did your name get into this other than as the auto's owner?

Something here is not right - unless your father's policy paid and now State Farm wants reimbursement from this hand to that hand.

lazybones18 · Sep 8, 2009, 03:48 PM

Policy was on my father's name.

My father transferred the legal title of the car either few months before the accident or after the accident. That is why they think the car was owned by me.

I checked the date of the accident and on that date I was sitting in my class in a lecture.

My father was a corrupt guy and was deported from America after several criminal charges so I am pretty sure he did something sketchy since he knew all my information such as DOB, SSN etc.

What is the best way to approach this case now ? I am already in a financial crisis !

lazybones18 · Sep 8, 2009, 03:51 PM

My father's policy is suing me. There is no police report. My father was neither intoxicated or impaired.

This is so unfair. I got into this for no apparent reason!! I never had a accident in my entire life. No tickets nothing. Why are they trying to ruin my life like this.. already I have to many problems

JudyKayTee · Sep 8, 2009, 03:56 PM

Originally Posted by lazybones18

Policy was on my father's name.

My father transferred the legal title of the car either few months before the accident or after the accident. That is why they think the car was owned by me.

I checked the date of the accident and on that date I was sitting in my class in a lecture.

My father was a corrupt guy and was deported from America after several criminal charges so I am pretty sure he did something sketchy since he knew all my information such as DOB, SSN etc.

What is the best way to approach this case now ? I am already in a financial crisis !

Again - you need an Attorney or you need to ask your father what is going on. I don't understand why if it was your car the policy was in his name.

I still don't understand the entire story here. That type of damage and no Police Report?

lazybones18 · Sep 8, 2009, 03:59 PM

I just read the Summon paper. It says that the car was owned by my dad, and the car was insured under the name of my dad. BUT I was driving it WHICH IS A LIE. I WAS NEVER INVOLVED IN THE ACCIDENT. I don't know any details about the accident because he never told me about it. He doesn't live in the USA and I don't talk to him.

JudyKayTee · Sep 8, 2009, 04:14 PM

My "guess" would be that HE said he is/was YOU and, therefore, State Farm is coming after you. You still need an Attorney but your offense is that you were wherever you were at the time and it wasn't you.

And, again - why no Police Report?

The other driver should be able to identify you (or not identify you, which appears to be the case) on sight.

lazybones18 · Sep 8, 2009, 04:18 PM

If I pay the lawyer... And I win the case.. Can I get that money back..

No Police Report = I don't know I wasn't involved in the crash and neither do I know anything about it.

The lady won't be able to identify me as I was never at the scene.. What if she lies ? She says it was me ? You never know.

Thanks Judy for helping

lazybones18 · Sep 9, 2009, 08:24 AM

What happens If I represent myself ? Is it a good idea ? I have proof that I was not the owner of the vehicle, nor was I involved in the crash..

What if I ask a lawyer to defend me ? If I win the case, can I charge the other party for lawyer fees ?