My Car or myself was not in the area of the Accident

[privateinfo]

What is the name of your state? I live in California, and I received a letter from an attorney that on a particular date my car was involved in an accident.

The attorney mentioned he wants my insurance details in ten days or he will file a lawsuit.

Now on this particular date, I was in Europe, and my car was stored in an automobile storage facility in Florida. In addition my car was registered with Florida plates seven months before this particular date. I can’t seem to remember if I surrendered my old California plates, or if the old plates are in the trunk of my car. As I still have my car in storage in Florida. Regardless I can still prove my car (would use my VIN #) was in Florida, and not California.

I can prove my car was in storage and that I was in Europe. How should I respond to this letter. I do not feel that I need to prove anything, as the Burden of Proof is with the attorney who sent me the letter. In addition can I threaten for a counter suit? On the basis of a frivolous or slanderous claim?

Thanks in advance

 

[I AM ALWAYS LIABLE]

What is the name of your state? I live in California, and I received a letter from an attorney that on a particular date my car was involved in an accident.

The attorney mentioned he wants my insurance details in ten days or he will file a lawsuit.

Now on this particular date, I was in Europe, and my car was stored in an automobile storage facility in Florida. In addition my car was registered with Florida plates seven months before this particular date. I can’t seem to remember if I surrendered my old California plates, or if the old plates are in the trunk of my car. As I still have my car in storage in Florida. Regardless I can still prove my car (would use my VIN #) was in Florida, and not California.

I can prove my car was in storage and that I was in Europe. How should I respond to this letter. I do not feel that I need to prove anything, as the Burden of Proof is with the attorney who sent me the letter. In addition can I threaten for a counter suit? On the basis of a frivolous or slanderous claim?

Thanks in advance

My response:

Unless you want to go through the rigors of litigation, then you may as well inform the attorney of the facts as you have presented them here. For all you know, the license plate of the offending vehicle may have been off by one digit - - and halting the potential of litigation now would be in your best interests.
Or, you could turn the whole matter over to your own insurance company and let them handle it for you.

As of right now, you don't have any grounds for a counter suit, or cross-complaint. People have a right to sue if they feel they have been Civilly wronged. Until you place the attorney and his client on Notice of your potential defense e.g., "Hey, you've got the wrong guy, and here's why!", then the attorney has a duty to move ahead with the lawsuit - - and he may still, even after your Notice to him.

Good luck.

IAAL