Hit-and-run claim: Wrong person sued? No evidence of who did it?

[kharvel]

What is the name of your state? Washington

Claim amount: $1100
Reason: Hit-and-run damage to a vehicle.

Today, someone came to my house and attempted to serve a small claims notice to me. The claim had someone else's first name, my wife's name, address, and phone number but not my name. I refused to accept the notice as it was obviously targeted to a wrong person. When I inquired about why the claim was filed, I was told that someone left a note on the damaged vehicle with a first name (not mine or my wife's) and my phone number at the time of the hit-and-run. So based on this information, the claim was filed against the person at my address. However, neither of us had anything to do with the hit-and-run so I am not sure what to do.

Was I right in refusing the claims notice service? What will happen next? If I were to defend myself in the court, how do I explain that it was a case of mistaken identity? The only evidence the person has appears to be a note with a first name and my phone number. How did the person get to file a small claim based on such evidence??What is the name of your state?

 

[dcatz]

How did the person get to file a small claim based on such evidence?

Use the "search" function for "anybody can sue anybody for anything".

Was I right in refusing the claims notice service?

The claim has been filed. If they think you're the target and you're the only one they have, service will be perfected in some other way, if wasn't today. They can serve by mail in WA. Was anything left, regardless of your refusal?

What will happen next?

They'll try again, if service wasn't completed today. Much less likely that they'll just walk away.

If I were to defend myself in the court, how do I explain that it was a case of mistaken identity?

The burden of proof is theirs. You have to create a reasonable doubt that it was you or your wife. I'm expecting that service will be made, and it's difficult to prove a negative. I also haven't checked to see if discovery is permitted in Small Claims in your state. That would be a great help - to see the note, to know if a make and model of car was identified, to know what color it was, to know if there were witnesses and what they say they saw, to know where it happened etc, etc. racer72 may know about the discovery issue, before I learn it but, if there is no discovery, you want to start assembling all the pieces that will create reasonable doubt - take a picture of you car (I realize that it could have been involved and repaired, but it's the best that you can do), figure out your schedules - where you have been and who could support it (in this regard, it actually might have helped to be served, if the claim showed the incident date). Basically, you build all the circumstantial evidence to show it wasn't you.
If you got the name and number of the claimant, you might call to ask what's going on. It probably won't solve the problem, but you may be able to get more information in the process.

 

[moburkes]

I know you don't want to, but you can contact your insurance company for assistance.

 

[kharvel]

Was anything left, regardless of your refusal?

Nothing was left. The guy who attempted to serve the notice to me was just as confused as I was - I think he was expecting someone of white caucasian persuasion which was not the case with me and we told him that he got the wrong folks and he simply walked away with the notice in his hands. He claimed to work for the plaintiff in some capacity.

The burden of proof is theirs. You have to create a reasonable doubt that it was you or your wife. I'm expecting that service will be made, and it's difficult to prove a negative. I also haven't checked to see if discovery is permitted in Small Claims in your state. That would be a great help - to see the note, to know if a make and model of car was identified, to know what color it was, to know if there were witnesses and what they say they saw, to know where it happened etc, etc. racer72 may know about the discovery issue, before I learn it but, if there is no discovery, you want to start assembling all the pieces that will create reasonable doubt - take a picture of you car (I realize that it could have been involved and repaired, but it's the best that you can do), figure out your schedules - where you have been and who could support it (in this regard, it actually might have helped to be served, if the claim showed the incident date). Basically, you build all the circumstantial evidence to show it wasn't you.

Thanks for the info. If and when it comes to this, I believe I can prove that it wasn't me, using the advice you have given.

 

[racer72]

Was I right in refusing the claims notice service?

You and your wife are considered served, the process service filing will show that and it will be considered a legitimate service. I have seen a default judgment granted based on rejected process service.

What will happen next?

It depends. If the plaintiff wants to get nasty, he will do nothing till the court date and obtain a default judgment. I would suggest obtaining a copy of the summons and read it carefully. The statements made in the summons will likely be your defense if this is truly a case of mistaken identity.

If I were to defend myself in the court, how do I explain that it was a case of mistaken identity?

No one will know till the summons is read and you know the evidence being presented against you.

The only evidence the person has appears to be a note with a first name and my phone number.

Is that what the process server told you and who was the process server? I am licensed as a process server in Washington and in most cases I don't know and I don't care what is in the summons.

How did the person get to file a small claim based on such evidence??

No evidence is required to file a lawsuit. It only needs to be presented in court.

To answer dcatz question, discovery is allowed in small claims court, the opposition only has to supply anything that they will be used against you. Anything else can be acquired by subpoena.

 

[dcatz]

OP - Mo is correct, but I also assume that you don't want to contact your insurance company and feel there is no need to do it. However, assume a worst case hypothetical and a judgment is entered against you, if you wanted to call on your insurance company then, you may find that you have lost that right by failing to notify them "when a claim is first asserted".

When you factor in racer72's advice about service and discovery, I would think that it would be a good idea to (1) check the court file to see if it shows that you have been served (in which case you will have to appear to avoid a default judgment), (2) consider what discovery you would want and start it and (3) consider whether you want to talk to your insurance company.

With regard to the last point, if you have a broker, talk to him/her first; the broker's fiduciary duty is to you. If you don't have a broker, talk to your agent. The agent's fiduciary duty is to the insurer, but he/she may be able to suggest ways to report this with little or no negative impact on you. Last option: talk to claims.

 

[moburkes]

There is no way to report this with little to know impact. Probably answer from the insurance company: They investigate and deny liability. There would be no impact to the premium, since no accident occurred. Worst case (which I wouldn't expect to happen): They charge OP for an at fault accident.

From my experience as an underwriter: As long as the investigation determined that there was no accident, I wouldn't even put it on my customer's "record" with MY company, although I could not stop it from being reported to C.L.U.E.

 

[kharvel]

Hello,

Thank you for all the information. The guy who attempted to serve the notice to me claimed to work for the plaintiff in some capacity (not as a licensed server though) and explained the situation about the car note to me.

I checked the claim on the King County website and it shows that the defendant's first name is incorrect. For the purpose of this discussion, let's say that my name is "Steve Kowalski". On the claim, the defendant is named as "Stan Kowalski". Other than this different name, the address and phone number is the same.

If the name on the claim is not even mine (even though it has the same last name), can I use this information to get the claim dismissed even before the hearing? How do I take advantage of this? Thanks.

 

[TinkerBelleLuvr]

remember that they have your wife's name, so you need to help her here!

 

[racer72]

If the name on the claim is not even mine (even though it has the same last name), can I use this information to get the claim dismissed even before the hearing?

Nothing will happen till the hearing. Your reply to the lawsuit (and that must be done within 20 working days) is that the wrong name is on the original petition. The plaintiff will be notified and he can do 3 things, let the petition stand and hope the judge accepts the error, revise the petition to the correct name or he can drop the lawsuit. In your example, the names are similiar enough the judge may accept the error and do a handright correction. If I was you, I would get a copy of the summons and get ahold of your insurance agent.

 

[dcatz]

Yes - no mechanism for pre-hearing dismissal in Small Claims and, as Ginny J points out, it wouldn't help your wife anyway. Presumably, she is correctly named.

I would hope that a judge would not revise designation of a defendant on the claim to match a Proof of Service because the names were close, at least without you being there and stipulating to it, but whether it could happen or not, it seems as if you have to do this the hard way and appear and defend.