Legal Question in Personal Injury in California

My roommate has motivation to blame me for an accident. He says my car hit and knocked over his bike, however I was in possession of my keys at all time, my car never moved and was not parked near his bike. I'm confident that if it was brought into court, I would win the case. However, how do I avoid him making evidence and if I refuse to give him my insurance information, is the only way he can get money from me is to file a hit and run claim? This is within the state of California.


Asked on 4/10/10, 6:36 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Is this a bicycle or a motorcycle? How much damage can there be as to a bicycle merely being knocked down? Look to see if there are any paint transfers, check a few times to see where he does park the bike so you cna testilfy that it is not always near your car, is he supposed to park where he did or is there a bike room for him to park in instead? Just tell hiom flatly that his bike was not near your vehicle that day, you did not move your vehicle, and that you ar sorry that he suffered the situation but it is not your responsibility. You have no obligation to give him your insurance information and he can not get it unless he writes to the DMV. Point out to him that in Small Claims Court he wil have the burden of proof and it will be his word against yours so he will loss. Taking pictures now of the car and bike are the only ways to reduce the likelihood of his manufacturing evidence. If he sues, he sues you and not the insurance company, so it does not matter if he knows who your carrier is. If he claims someone hit his bike and then drove off, he still has to name the person who hit his bike in order to get a judgment against anyone. The problem will be what effect this has on your relationship as roommates.

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Answered on 4/16/10, 9:26 am


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