Legal Question in Civil Litigation in Illinois

Mistaken Identity

I was served with papers for a automobile accident I was not involved in or witness of. I have all proper documentation to prove they have the wrong person. I have a very common name. What do I do?


Asked on 9/03/02, 2:23 pm

2 Answers from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Mistaken Identity

Turn the papers over to your automobile insurance carrier for the policy in effect at the time of the alleged collision. It is their responsibility to defend you, even if the claim is frivolous.

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Answered on 9/03/02, 3:41 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Mistaken Identity

You may try to contact the attorney who filed the lawsuit and "prove" to him or her the fact that they have the wrong person, or you may hire an attorney to defend you in the pending lawsuit. Whatever you decide to do, do not allow the initial court date to pass without being sure that you have been dismissed. If you do, the person who filed the suit may take a default judgment against you and then it will be even harder to straighten out. Good luck.

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Answered on 9/04/02, 8:18 pm


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