Involved in an accident, pedesrian got hurt, pending lawsuit - HELP!!!

A

anonymous1979

Registered Users (C)
I was involved in an accident (I was driving) and the pedestrian was hurt. No tickets were issued since police officer could not determine who is at fault. Pedestrian later sued me and my husband(since the vehicle is in his name)

Do I need to mention this on N400. Please note this is a civil law suit and it has been mentioned in other threads civil suit don't nave to be disclosed

Your help is appreciate

Best,
 
I agree with Pinot. There is no reason for you to mention that on the N-400 cos you were not even sited and there is no question on N-400 asking you about civil matters. You are even very fortunate since the cop couldnt determine who was at fault. Even if this comes up at the interview which I doubt would ever, you are still on the winning side. Just in case, you may need to do some research on how to make a case. Since the other party is suing, its your word against his/her unless there is a witness and it seems there isnt a witness in this case. You may need to talk to some legal expert to make a case either way.

Best wishes!!!
 
Thank you both for your response. I am in touch with an attorney now - he will not tell me what needs to be done specifically, instead wants to file my N400 case and make a buck. I guess I do not have a choice, I will have to hire an attorney for a simple process of N400

Best,
 
Last edited by a moderator:
anonymous1979 said:
Thank you both for your responses. I am in touch with the attorney now - he will not tell me what needs to be done specifically, but wants to file my N400 case and make a buck. I guess I do not have a choice, I will have to hire an attorney for a simple process of N400

Best,
Click to expand...

There's no need to spend extra money on an attorney in your case as you can file yourself. Civil lawsuits disclosure is not required on N-400.
 
Bobsmyth said:
There's no need to spend extra money on an attorney in your case as you can file yourself. Civil lawsuits disclosure is not required on N-400.
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What is the chance that the persdon injured is the IO who will interview
her? If that happens, I think the applicant has a right to ask for a different IO.
 
WBH said:
What is the chance that the persdon injured is the IO who will interview
her? If that happens, I think the applicant has a right to ask for a different IO.
Click to expand...

Your assumption is that the IO can somehow negatively and unjustly affect the application. The same can be said about the supervisor..what happens if the behind the scenes supervisor (that you never see) happens to be the person you hit? It's not like you can request another supervisor to review your case unless you know who the supervisor was and have evidence they unfairly adjudicated your case. Such an assumption is purely speculation at best.
 
anonymous1979 said:
I was involved in an accident (I was driving) and the pedestrian was hurt. No tickets were issued since police officer could not determine who is at fault. Pedestrian later sued me and my husband(since the vehicle is in his name)

Do I need to mention this on N400. Please note this is a civil law suit and it has been mentioned in other threads civil suit don't nave to be disclosed

Your help is appreciate

Best,
Click to expand...



Is the pedestrian suing you and your husband through a personal injury lawyer? Is your insurance company a party to this lawsuit? I would assume that your car was insured, and if not, then it will be difficult for the pedestrian to retain a lawyer without an insurance company being involved. Unless the lawyer believes that you have enormous amount of money which can be recovered through a civil claims, then your only liability in small claims court will be about $5000 if the pedestrian can prove negligence on your part. ;)

This is a civil matter which has no bearing on the immigration process. You are right on one end, your current lawyer surely want to see some $$$ for filing your N400 application, which doesn't have to disclose this matter. If I were in your shoes, I will fire this lawyer and focus on the N400 alone, while at the same time preparing my defense against this lawsuit. In future, invest in an umbrella policy up to a $1million which will protect you against lawsuits, and any assets you might have....:D
 
I think suing for accident is criminal and not civil.

Hi,

PLEASE CHECK and CORRECT ME IF WRONG. Let me tell a similar case where my wife was involved in a accident and was sued by the other party. She did not wait long enough at the accident spot and was sued with 'Hit and run case' (criminal case). AAA being our insurance carrier stayed clear saying 'this is a criminal case and will not be assisted/coverd by AAA' so I'm not sure why you folks are calling accident suing case as 'civil', I would advise anonymous1979 to first acertian if it is a civil or criminal case.

(Read if you have time) Coming to the accident: When my wife had this accident she pulled over to the side BUT did not stay there long enough time. One witness who had reported to police had told them that my wife was waiting there and is also documented in the Police report. However the other part invoved in the accident did not approach my wife and later sued for 'hit and run'. We hired an attorney who initially took up our case saying you cannot be sued for hit and run since the police report mentions that you waited. Later on the date of hearing this attorney changed colors saying that he negotiated with the DA for a $500 fine and 2 year probation and forced us in accepting it or a jury would be called in. The fee for attending the jury court was very high and we had no option other than accepting the fine and probation to bring it to close.

Note: My wife was finger printed and it was counted as a 1 day jail term.

My 2 cents: Try avoiding a desi attorney. I'm a desi too so please no negative comments.

TIA
 
CaliGC said:
Hi,

PLEASE CHECK and CORRECT ME IF WRONG. Let me tell a similar case where my wife was involved in a accident and was sued by the other party. She did not wait long enough at the accident spot and was sued with 'Hit and run case' (criminal case). AAA being our insurance carrier stayed clear saying 'this is a criminal case and will not be assisted/coverd by AAA' so I'm not sure why you folks are calling accident suing case as 'civil', I would advise anonymous1979 to first acertian if it is a civil or criminal case.
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I believe the OP waited for the poclice to arrive and the police did not give her any tickets. So there is no crminal lawsuits. She would miss it if she got
one.
 
CaliGC said:
Hi,

PLEASE CHECK and CORRECT ME IF WRONG. Let me tell a similar case where my wife was involved in a accident and was sued by the other party. She did not wait long enough at the accident spot and was sued with 'Hit and run case' (criminal case). AAA being our insurance carrier stayed clear saying 'this is a criminal case and will not be assisted/coverd by AAA' so I'm not sure why you folks are calling accident suing case as 'civil', I would advise anonymous1979 to first acertian if it is a civil or criminal case.

(Read if you have time) Coming to the accident: When my wife had this accident she pulled over to the side BUT did not stay there long enough time. One witness who had reported to police had told them that my wife was waiting there and is also documented in the Police report. However the other part invoved in the accident did not approach my wife and later sued for 'hit and run'. We hired an attorney who initially took up our case saying you cannot be sued for hit and run since the police report mentions that you waited. Later on the date of hearing this attorney changed colors saying that he negotiated with the DA for a $500 fine and 2 year probation and forced us in accepting it or a jury would be called in. The fee for attending the jury court was very high and we had no option other than accepting the fine and probation to bring it to close.

Note: My wife was finger printed and it was counted as a 1 day jail term.

My 2 cents: Try avoiding a desi attorney. I'm a desi too so please no negative comments.

TIA
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You are confusing the two issues. Only the state can press criminal charges, in this case the DA who represent the people of that state at a lower level in terms of law enforcement issues. Your wife faced both civil and criminal charges, and if i were in her position, would have negotiated with the DA alone apart from employing a lawyer who clearly was unhelpful. I am certain you paid a hefty retainer for his service. If you had a police report, then you should have gone to a jury trial and have been acquitted if you clearly articulated your case.

On the civil issue, your insurance refused to participate because they would have been on the hook had the plaintiff prevailed. Did your hire a lawyer for the civil matter, NOT the criminal matter? Also, what was the outcome of the civil matter? Also, your insurance company felt that your wife left the scene of theaccident, since you claim that your wife never left the scene, you should have demanded from your insurance company to be more assertive...:eek:
 
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