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 Jun 12, 2009 07:22 pm Post Subject:

actually i was the owner of the car... its just that since i live in my parents household they included me on their insurance policy. i could have gotten my own policy but its cheaper to be on theirs because i'm so young.

Posted: Sat Jul 18, 2009 09:43 pm Post Subject: a different accident

my mom was in a 5 mile an hour, parking lot, fender bender in october 2007, and we got a letter today from our insurance company saying that she would be served with a lawsuit & that the other party is claiming they were injured.. how is it possible that the other party can sue us NOW? my mom is battling cancer & is on disability. this is more stress than she can take.

Posted: Sun Jul 19, 2009 01:09 am Post Subject:

how is it possible that the other party can sue us NOW? my mom is battling cancer & is on disability.



The other driver made an injury claim and your mom’s company probably either denied that she was injured or more likely did not offer what the other driver and their attorney thought was appropriate. In this case and considering that it has been almost 2 years (Oct 2007), the other party has no other option but to sue due to a 2 year statute (assumption) on filing a suit. Now they have to serve your mom with the suit since your mom was the at fault party and not her insurance company. Most of the time, the attorney will forward a copy of the suit to the insurance company, but make sure and if they have not….send them a copy so that they can defend her. For a 5 MPH accident, this thing will most likely not go to trial and will get settled in mediation prior to trial with no real involvement with your mom.

Posted: Mon Jul 20, 2009 02:45 am Post Subject:

Understanding the facts presented by you, You simply don't have to worry about bankrupcy or anything at the moment. Bankrupcy should be the last resort and should not be thought off at this moment because hopefully the other party will understand or realize that it won't be worth their effort to follow you. Go and enjoy but please do take care of the traffic rules. Imagine if you were the other party.

Posted: Mon Jul 20, 2009 09:04 pm Post Subject:

You would be surprised how many accidents in parking lots develop into large lawsuits. I work EMS in addition to my career in insurance, and I thought you'd get a kick out of this:

We responded to a fender bender in which both vehicles were backing up. A young woman claimed she had severe back and neck pain, so we removed her from the vehicle and immobilized her on a backboard. We had her in the back of the ambulance and the state trooper poked his head in to give her the report.

The report showed that neither party was at fault and explained that they would most likely each be responsible for their own damage and bills. The woman said I don't need this then and unbuckled herself and stood up and left!!!

Posted: Tue Jul 21, 2009 06:06 am Post Subject:


We responded to a fender bender in which both vehicles were backing up. A young woman claimed she had severe back and neck pain, so we removed her from the vehicle and immobilized her on a backboard. We had her in the back of the ambulance and the state trooper poked his head in to give her the report.

The report showed that neither party was at fault and explained that they would most likely each be responsible for their own damage and bills. The woman said I don't need this then and unbuckled herself and stood up and left!!!



Nice

Posted: Tue Jul 21, 2009 06:11 am Post Subject:

The woman said I don't need this then and unbuckled herself and stood up and left!!!



:D

Many would try profiting from an accident whenever they are presented with the opportunity without realising the fact that the same tricks can be played against them by someone else as well. The woman in your example is no exception.

Posted: Thu Jul 23, 2009 08:03 pm Post Subject: Motorcycle accident

A woman had a motorcycle accident in front of my house and claims she thought a dog was going to run out in front of her and caused her to lose control of her motorcycle. We offered to call an ambulance and the police out here but she refused and her family picked her up and then took the motorcycle home. We then recieved letters and calls from my homeowner insurance company 4 months after the accident that she is trying to sue us because she said she hit our dog..When my husband and I got to her there was no dog in sight..We have dogs and most of my neighbors have dogs..If she had hit one of my dogs we would have taken it to a vet or something would have been wrong with the dog. Normally our dogs are fenced but at times they do jump the fence and take off. She filed no police report. When I spoke to the police department the officer said it was like the accident never took place because she never filed a report. My question is we are in bankrupt and if she does succeed in sueing us what should we do? Should we obtain a lawyer? She is trying to sue us for medical damages and damages to her motorcycle...My husband , brother-in-law and myself saw no evidence that she even hit anything.. All there was in the road on the other side of the street from my home was skid marks from her motorcycle. When my husband moved her motorcycle out of the road (the lady asked him too) he saw nothing on the motorcycle to indicate she hit anything...We are confused and really stressed over this. No one wants to get sued but its even harder when you don't feel you were at fault...Please help...

Posted: Fri Jul 24, 2009 07:34 am Post Subject:

Hello Evie, I agree 100% with you, no one wants to get sued. However, there are circumstances where things can't be avoided. Anyway, the insurer would be defending you in the court if she sues you.

Had she claimed the same story of hitting a dog at the time of accident?

Were all your dogs at their enclosures after the accident?

Listen, it’ll be equally important for her to prove what she claims. Therefore, don’t worry too much.

Have you been served with the court papers yet?

Posted: Fri Jul 24, 2009 10:32 am Post Subject:

Hi, I'm just being curious to know the nature of damages caused to her. Did she really get injured? Or is it just her bike that was damaged? I'm just trying to figure out how much she's pretending and to what extent it could be real. Did her attorney contact your insurance company?

SteveJerk

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