Auto Insurance Claims: Vehicle Rearended, Now Being Accused of Backing Up, false police report, personal relationship

Question
I was rear-ended on 4/11 while picking up a child from school.  As no damage occurred to my vehicle I exchanged numbers with the "hitter" and went home without calling the police or my ins. company. Nine days later I received a phone call from the "hitters" attorney husband claiming I backed into their vehicle and caused $950 damage. I disagreed with them that I was in any way responsible for the damage as their car had hit mine. They made a false police report (I'm still not sure how this is legal), they tried to make a claim to my ins. company which was denied as my ins had lapsed for all of ten days and I did not get the notice to reinstate it until 4/14/08 (at which time I did so over the phone) and now they have served me and I am being sued in Third District Court. According to the police, these people have a manufactured witness and this lawyer is friends with the judge whose courtroom he has filed in. I am unable to afford an attorney and I cannot find one that will even speak to me since it is an attorney that is bringing this case against me. Do I have any recourse? I did not hit this vehicle, I was hit. PLease advise.  

Answer
Hi Kristen,

You will have to appear in court. If you know the judge and attorny are friends, at the start of the hearing you should ask the judge if he has a personal relationship or friendship with the attorney. If he says yes, you should ask him to recuse himself and have the hearing reset to another date in front of another judge.

When the hearing occurs, you will have to simply state what happened. If they bring this "witness" to court you will have to ask them questions to try to make them look like they are not telling the truth. Ask them what time of day it was? Ask exactly where they were situated? What kind of car they wer in? Exactly what was their point of view? What did they observe, etc.

You will just have to make the best case you can and hope for the best.

I hope this helps
Richard Hixenbaugh