What can I do if a person is filing a claim stating that I side swipped them but I did not?
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What can I do if a person is filing a claim stating that I side swipped them but I did not?
I was in a left lane when I heard the car beside me honking and signaling I pulled over. I
couldn’t really understand what was going on. I figured she was signaling something was wrong with ,my car so I pulled over to a nearby parking lot and she followed. Getting out of the
vehicle, I went to the side of my car where she was pointing but I saw nothing. She got out and
stated that I hit the side of her car. I went back and forth saying that I didn’t and she ask for my
insurance info, so I gave it to her. I have never been in an accident and I didn’t know procedure I started taking pictures of her car and my car – neither had a scratch. She gave me her insurance info and number. She asked me if I wanted to call the police and I said no. There hasn’t been an accident here and I didn’t hit you. She said okay well I guess I will just have my insurance call. I had somewhere to be and left behind her. She got behind me again and took a picture of my plates. Now her insurance company is calling saying that I filed a claim which I didn’t. I don’t really know what to do.
Asked on May 29, 2016 under Accident Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Explain to her insurer and your insurer, too, that there was no contact--at this point, that's all you can do.
If you are sued (either by them or by their insurer), if the amount is low, you might choose to pay, to avoid the time, cost, etc. of a lawsuit (whose outcome is never certain, anyway); but otherwise, you could defend against the suit on the basis that there was no contact. She will have the chance to present her testimony and any other evidence; you will present yours; and a court will evaluate who is more credible.
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