What do I need to do to prove that I was not the owner or operator of a vehicle in a traffic accident? I wasn't even present at the accident and don't know why I am being sued. I don't think I have ever even been to the location of the accident, before, during or after the accident. I feel like they picked a name out of a phone book and said let's get this guy.
2 Answers from Attorneys
Your question does not involve traffic law. But, you should hire an attorney to represent you in the lawsuit filed against you. Your attorney may be able to get the case dismissed. Or, you can turn the matter over to your insurance carrier and they will provide a defense.
It is up to the Plaintiff to prove that you (or your vehicle) was there. You need merely defend. There are Discovery Requests that you can make that might cause the case against you to be Dismissed without trial. Hopefully, you are not the only defendant in the case. You were wise to get general advice based upon the general description of the facts you could provide here. The wise thing now may be to get specific advice from an attorney in your area. If you had liability insurance, your insurer will hire and attorney for you.
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