Legal Question in Traffic Law in California

I am being sued for a accident that happened 2 years ago. the driver was uninsured and didn't properly enter freeway. he then cut me off and slammed on his brakes. he is suing me for $ 10,000 for pain and suffering and medical bills. there was no police report due to neither one of us being injured. I was paid by insurance company on this case. how do I prove my case to the judge? does he have a case? my car was the 1 totaled!

Asked on 4/19/16, 3:54 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Since you indicated they're suing you for $10,000, I will assume this is in small claims as that's the limit for small claims cases.

They have the burden to prove you're at fault. You said you got paid by insurance, but I assume that your insurance paid for your damages under an uninsured motorist policy you had, but that doesn't necessarily establish fault.

First - make sure they filed in time. There is a two year statute of limitations on personal injury cases in small claims. Unfortunately, if the case can proceed, you'll have to defend yourself and tell your version. I hope you have documents, photos or other things that will help back up your claim. Gather information regarding the damage to your car as well if that helps to establish how the collision occurred.

You can also consider a counter-suit against them for the damage to your car that they caused...

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Answered on 4/19/16, 4:01 pm

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