Need legal advice on a civil suit?

Question

My brother was in a very small car accident back in 2005, a lady cut in front of him as he was stopping at a red light. The cars did not have any scratches, and the two drivers were not injured by the cause of it, as my brother was coming to a very slow stop when the lady decided to get in front of him.

They did not call police, just exchanged names.

Fast forward to today, my brother recieved a subpena to go to court as the lady claims her car suffered 1,300 in damages/painted whole car, and she is claiming horrible neck pain etc. She is suing for $5k. And the court date is set for Feb of next year, and it's set for a court about 400 miles away from where the accident occured.

This is very bizarre, and obviously this lady is lying.

Since there was no police report, and it's two years later, what kind of rights does this lady have? Supposedly she has medical proof that she is injured. But this could be from anything really.

Any help or advice, I would appreciate it!

Answer 1

Obviously the lady is a con-artist. If she could get one over the other she will try or die trying. It seems the scenario for the 2005 by now is already scripted and orchestrated to mulct money from your brother, imagine 1 year & a half since she decided to bring the charges over to your brother. Yup the venue for the hearing is another very suspicious in nature, why would the hearing be held 400 miles from the scene of the crime. Isn't it obvious the judge of the case might be related to the lady or already brought a deal in getting this much cash from your brother.

Yup she is lying obviously. What police report? You told us there is no damage on both cars way back in 2005. She definitely have the rights to present them in court, the court is the arbitrary of cases such as this, if the complain is true then the judge will rule of setting a hearing if not then he will dismissed the proceedings.

Why are you so jitter if she has a medical report, anybody could suffice an adulterated or doctored medical report from a medical practitioner if she/he happens to be acquainted orrelated with. Every document can be rebutted in court. Every lawyer knows that.

The burden of proof lie in this woman who claims she is badly injured in the collision of 2005, even the year alone if the judge is not on her side will question the duration of the civil suit she is presenting in court why only now why not then in 2006 perhaps its already 2008. This only proves that the allegation is false and farce. Just like the usual saying "THE TRUTH WILL SET YOU FREE".

Answer 2

Every state has different rules for jurisdiction, but generally, a suit must be brought either where the accident took place or where the defendant lives. That's up to the plaintiff.

As for winning her case, she hasn't got a chance. To prove injury, she would need to show that she received medical treatment within a day or two of the accident. She also needs to prove he was at fault.

When your brother 'answers' the subpoena, he should ask for a change of venue to where the accident occurred or a dismissal by that court because it doesn't have jurisdiction.

All he needs to do, in court, is tell the truth. Judges know when someone is full of crap.

Answer 3

Usually in small claims court, (according to Judge Whopner of the first Peoples Court) a person has about one year to file the claim. If is unfair to wait too long because the facts have been forgotten and people have moved on with their lives. However, he should be prepared to defend himself by trying to recall everything that transpired and write it down as he remembers it.

Answer 4

Notify your insurance company immediately. The insurance company may have a duty to provide a legal defense. Failure to notify the insurance company promptly may result in a loss of coverage.

Answer 5

Don't mess around, get a lawyer. One who specializes in accident/injury cases.

Answer 6

in some states you cannot file suit past 2 years.
consult an attorney, that way you will know for sure.