Can someone sue me if I was at fault during an accident?

by Diana » Thu Jun 11, 2009 06:55 am
Posts: 6
Joined: 11 Jun 2009

I was in an accident where I made an illegal U-turn and someone hit me. It was determined by the police report as being my fault. The car that hit me was a newer model, and I recieved a letter from my insurance company stating that the damages to the other party might be above my limits. I only had basic liability coverage as I am a very broke 20 year old college student who was driving an older car. Does this mean that the other party is definitely going to sue me or can sue me? If that is the case, I will be unable to pay them so would they garnish any wages I earn? Would I need to file bankruptcy?

Total Comments: 74

Posted: Fri Jul 24, 2009 12:14 pm Post Subject:

what should we do? Should we obtain a lawyer? She is trying to sue us for medical damages and damages to her motorcycle

IMMEDIATELY, contact your homeowners carrier, and get these suit papers to them...they will provide a defense, (attorney) if one is needed. Failure to get these to your carriers claims dept. in a timely fashion could result in your loss of coverage, and defense...so move it girl! :wink:

The burden of proof is on her...I'd not worry a minute about it (after I turned it over to my carrier)

Posted: Sun Aug 16, 2009 09:29 pm Post Subject: excluded driver

i was at fault an accident it my husband car but i in excluded driver. i am worried they going to sue me. i need help he does have full :o

Posted: Tue Aug 18, 2009 02:34 am Post Subject: insurance

(I think you made this same post on another thread). Yep...I believe they CAN sue you. Even if your hubby ahd 'Full Coverage' (collision) they wouldn't pay for it because you were driving a car you were not suppose to drive.

Posted: Tue Oct 06, 2009 11:30 pm Post Subject: Can I sue the owner (mom)

I was involved in an accident. The other driver hit me at over 70+mph in a 50. Totaled my car. My insurance had cancelled 8 day prior. His insurance company has given me a hand job for the last 8 months. I am without car. I won a small claims judgement. He is 19 years old. I'll never collect. Can I sue His Mother who owns the car?

Posted: Sat Oct 31, 2009 04:34 am Post Subject: need legal answers

i was on my way home from work today when i hit the vehicle in front of me. i was probably only going five miles an hour if even that and the man in front of me happened to be driving a bmw. we both pulled over and the man was just freaking out. His car had two bolt sized dents (paint was chipped there as well) on his bumber from my licence plate on my car. The guy got out and started saying how he was going to fry me. This is the deal. I have insurance full coverage. Im under my mothers insurance because the car is my mothers. i live in a seperate state than my mother.The guy started going on about how that was illegal that iwas driving her car and how he was going to make sure i got cited for following to close and how he was going to make me pay big time so i would learn a lesson. He then told me that he wouldnt call the cops if i paid him money to fix it. All though i know i may have screwed myself over big time i paid the guy 200.00. he took all my information down.. my drivers licence, my plate, my phone number... everything. meanwhile me, still being shaken up took down nothing more than what he gave me- a P.O Box address and a phone number. Towards the end of it all he had calmed down a little and told me that he doubted it would be that much and he would return any money if there was any left over from the 200 however- if the expense was greater he was going to send the bill amount to my house. We both drove off and went our seperate ways. Bottom line i kno it was dumb on my part to do what i did. but i need to kno what i may be up against. i have asked many pple and no one seems to have the same response. What if this guy decided to go further after it was all done with? what if he tries to stick me with a huge huge fee for fixing small dents. can he sue me? with no police report or anything??? is that possible? could he go after my parents? im just really concerned with all this and need some advice!!!

Posted: Wed Nov 25, 2009 07:33 pm Post Subject: WHAT IF

There was someone injured in the accident and it was more severe, and the atfault person doesnt have enough coverage? What then?

Posted: Sun Jan 24, 2010 08:10 am Post Subject: Same kind of situation

I was in an accident where I past on the red light by the mistake and someone hit me from the side, Thank God nobody was injured. It was determined by the police report as being my fault and the other driver has a witness also, I plead not guilty for the traffic ticket cop gave me, and I have a pre trial conference soon. The car that hit me was a newer model, and I received a letter from my insurance company stating that the damages to the other party might be above my limits I only have basic liability coverage as I am 25 years old unemployed college student who was driving an older car. Does this mean that the other party is definitely going to sue me or can sue me? Imp worrying too much, because I can’t afford to hire a lawyer. Believe or not since the accident happened I can't even sleep at nights. Can anyone tell me what is going to happen in the pre trial? Or what should I do?

Posted: Sun Jan 24, 2010 01:58 pm Post Subject:

Does this mean that the other party is definitely going to sue me

no,

or can sue me?

yes,

Imp worrying too much, because I can’t afford to hire a lawyer

your insurance carrier would provide the defense attorney, (NOT for your ticket but 'if' a suit is filed)..

Believe or not since the accident happened I can't even sleep at nights. Can anyone tell me what is going to happen in the pre trial? Or what should I do?

I have no idea what will happen in the pre-trail. This is ONLY for your ticket right? If so then the judge is going to ask you, "did you pass this guy on a red light?" you're going to have to say, "yes" because you did...so bing, bang, bomb, you're guilty. Why are you fighting this if you KNOW you were wrong? It doesn't make any difference if you didn't "mean" to, or if it was a 'mistake' of course it was a mistake, but it's still illegal...Have you talked to your carrier about fighting this ticket? I'm sorry but it seems silly to me...

Chances of this guy 'sueing' you are remote. What typcially happens is his carrier will handle his vehicle damage, then come to your carrier for reimbursement (this is called 'subrogation'), if your limits are too low to pay then entire amount of damage, his carrier will most likely accept your limits. Your carriers job is to settle it within your limits thereby protecting you from a law suit. Your carrier will not issue one penney without a release being signed which will not allow this guy or his carrier to sue you.

This guy probably has an injury too right? What are your BI limits?

Posted: Wed Jan 27, 2010 02:17 am Post Subject: thanks for the reply

is there anyway that i can change my plea from not guilty to guilty before the pre trial?

Posted: Wed Jan 27, 2010 11:19 am Post Subject:

sure you can...call the prosecuting attorneys office or the court this pre-trial is scheduled in... let us know how it goes and if we can be of further assistance.

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