Being sued for an accident were I was not at fault?
I live in a no fault state. I was in stopped traffic when someone rear ended me going 50. This was almost 2 years ago. Their insurance paid for my totaled auto and rental expenses. My insurance is paying for my medical bills and then once that is complete I have to go after their auto insurance for a lump sum. There was nothing I could have done to prevent the accident...short of not being there. I was lucky not to hit the car in front of me. It was deemed by police reports and the insurance companies the other person was at fault. How can they sue me? Another tidbit: there were 3 passengers in their car and I am being sued on 4 counts... a 4th person has been added. What is going to happen? I have contacted my insurance, USAA and will be sending the 55 page lawsuit to them. I have no faith in the legal system... though I did nothing wrong....heck, I wasn't even on my cellphone. What's going to happen? Will this be thrown out, will my insurance settle out of court if they feel the amount in not worth fighting for and if so wouldn't that leave me wide open for future lawsuits? I am STRESSED
- EducatedLv 71 decade agoFavorite Answer
Talk with an insurance agent from your company. Get a copy of the police report finding them at fault and bring that to court. That will practically guarantee that you will win. Sue them back for lost wages of that day or harassment.
- 1 decade ago
Sounds to me like they are trying it on.
An insurer MAY decide to make a settlement to avoid legal costs, but it would be without accepting alibility, so no it wouldn't affect you in any way. An insurer cannot accept liability on your behalf, only YOU can accept liability or be held liable by a court.
From what you have said, particulary that their insurance paid for your medical bills... I can't see how they have a leg to stand on.
Let your insurers deal with it and try (I know it's not easy) not to stress yourself, as this will make you ill.
- fakehuskieLv 51 decade ago
If they are trying to sue you for under $5,000, take them to Judge Judy, for her to chew them a new one, about wasting her time. Your insurance on the other hand, should give you a lawyer to sue them and their insurance. Oh and if you have them take you to small claims, let your insurance know about it.
- 1 decade ago
What are the counts they are suing you for?