Posted by John T Country Lawyer on December 02, 2009 at 13:54:47 from (66.244.97.31):
In Reply to: O/T What would you do posted by 37 chief on December 02, 2009 at 11:55:19:
37, As an attorney its my first impression BASED UPON your brief posting, that NO you dont need to hire an attorney and countersue (theres no "counter" at this time, thats if and after she sues, perhaps providing false information to a police officer??) at this point. If later there is a civil action for damages its the Plaintiff (NOT you) who has the burden of proof and to prevail she will have to have establish her claim by a "preponderance of the evidence". IFFFFFF??? theres no say store video or witnesses and theres no evidence of damage on your car and its ONLY her claim, shes just not so likely to prevail.
In addition, I"d simply inform your insurance carrier about it and let them handle it, they are experts at these sort of things and have a ton of high priced expert attorneys on staff who can deal with this FAR BETTER then people who dont have all the facts and/or arent familiar with your local jurisdiction and the law.
In the event your insurance has a problem with it and you do need an attorney do not hesitate to consult a good local one and consider placing a higher value on his opinion and advice then that which you may gather elsewhere. Its your money and risk and your call, however.
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