If I have proof that an at-fault driver lied about a car accident so that I was found to be at fault, can I sue them?

UPDATED: Jun 19, 2014

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If I have proof that an at-fault driver lied about a car accident so that I was found to be at fault, can I sue them?

My friend fell asleep at the wheel while driving in front of me. He hit the person in front of him and I couldn’t stop in time because I didn’t see tail lights (because his were out) and I rear ended him, totaling my newly bought car. When the insurance company called for his testimony, he said his tail lights were in fact functioning and that he “couldn’t remember what caused the car accident” which threw me under the bus and stuck with no car and a huge hospital bill. I have text messages and a voice recording of him admitting the wreck was his fault for the two reasons of him falling asleep, and his brake lights not working. I was found at fault because he lied.

Asked on June 19, 2014 under Accident Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, if you believe that someone else is responsible for you owing money (e.g. being found liable; and/or causing an accident which damaged your vehicle) either carelessly (such as by not maintaining the brake lights) and/or deliberately (such as by lying about what happened, causing you to be found liable), you may sue him for your losses--that is, to recover any amounts you were ordered to pay out, as well as for any damage to your car.

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