Is This Auto Accident Fraud?

by William
(Santa Monica, CA)

I was involved in a car accident where I collided with another driver because he failed to yield the right of way at a stop sign.

I have two people who saw the whole thing happen but the at-fault driver is saying that it's my fault, I was injured...Do I have a case against him?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Is This Auto Accident Fraud?":


There a few matters which need to be clarified before we can answer your questions.

The First is whether or not the police were dispatched to the scene, and if they were did they issue a citation to either of you? You mentioned the at-fault driver failed to yield the right of way at a stop sign. If the officers issued a citation to the other driver for Failing to Yield Right of Way, then your chances of prevailing in a lawsuit will be substantially increased.

The Second is whether there were any damages to the vehicles, and whether you required medical attention. If there were no damages to your vehicle or to you, then there really isn’t anything to litigate.

There is something critical to every automobile collision and personal injury case. It is called the Statute of Limitations. In almost every state there is a 2 year time limit from the time of the collision within which you can file a lawsuit or settle the case. This means if you don’t settle the case before 2 years has passed and you don’t file a lawsuit you may lose all your rights to recover any money either for damages to your vehicle or to yourself.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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