QUESTION

Can someone sue you for a motor vehicle accident they weren't even a part of?

Asked on May 09th, 2013 on Personal Injury - Michigan
More details to this question:
My husband was side swiped in an accident, the owner of the truck that hit him was not driving, however the one driving left the scene of the accident. We tried to file a claim for the owner of the other truck but it was denied by insurance company. I imagine because owner/insured driver wasn't driving. Now we are being sued by the owner of the truck for an amount under $25,000.
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11 ANSWERS

Lisa Hurtado McDonnell
Yes, if you caused damage to their truck.
Answered on May 14th, 2013 at 5:36 AM

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He can sue for the percentage of negligence you had for the damage to his vehicle. As the owner of the vehicle, he is liable for up to $15,000 for your damages. The drive who ran off can be arrest for leaving the scene of an accident. If the truck was used for commercial purposes then the owner's private car insurance probably would not apply; that may be the reason they are denying coverage. Or the driver was part of the owner's household and not included on the policy.
Answered on May 14th, 2013 at 5:22 AM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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The owner of a vehicle involved in an accident with your vehicle can sue you for property damages. Of course, that owner would have to prove you were at fault in order to win that lawsuit. Also, you can file a counter suit against the owner of that vehicle for your own damages. If you were insured at the time of this accident, your insurance company must defend you and hire an attorney for that purpose, so you should contact them immediately if you are being sued.
Answered on May 10th, 2013 at 2:46 PM

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Civil Litigation Attorney serving Savannah, GA at Lueder, Larkin & Hunter, LLC
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Is the owner of the truck that hit your husband?s vehicle suing you for damage to his vehicle? If so, he can do that in Georgia, but it is questionable whether he will be successful. I will need more information in order to answer your question in further detail. Were the police called to the scene? Who was at fault? Was your husband?s vehicle stopped or parked? Was your husband injured? Just because an insurance company denies a claim does not mean that you do not have a valid claim and it certainly does not mean that you cannot file a lawsuit arising out of the incident. Without knowing more, it is hard to tell why the insurance company denied your claim against the owner of the vehicle that side swiped your husband. The first option that comes to mind is if the driver of the truck took or stole the truck and was driving without the owner's permission. In that case, the owner?s insurance company has no duty to pay a claim. However, there are many, many other reasons the insurance company may have denied the claim and without more facts, I cannot comment any further on that issue.
Answered on May 10th, 2013 at 1:17 PM

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Ronald A. Steinberg
Turn this over to your auto insurance company for further handling. If you had uninsured motorist coverage on YOUR policy, you can make a claim for the injuries caused by the hit and run person.
Answered on May 10th, 2013 at 1:16 PM

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This lawsuit makes no sense against you if you were not at fault for the accident. The truck that sideswiped you would be responsible for your injuries and damages. The owner/insured does not need to be driving for his insurance to apply. If the driver of the truck had the owner's permission to use the truck, then he qualifies as an "insured by definition" If he did not have permission or it was stolen, you could still bring a claim under your own policy for injuries IF you have Uninsured Motorist coverage on your motorcycle policy. If a police report was filed and there are witnesses to the accident, this will strengthen your case as well.
Answered on May 10th, 2013 at 12:58 PM

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James Eugene Hasser
Turn it over to your insurance company and let them worry about it.
Answered on May 10th, 2013 at 12:58 PM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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There may be other reasons for the denial of coverage since the owner is responsible for the driver's conduct generally speaking. You need to consult a lawyer. Advise your insurance company that you've been sued and ask them to provide a defense under the terms of your policy. You can then discuss a counter claim against the owner.
Answered on May 10th, 2013 at 12:58 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Why don't you turn this matter over to your insurance co and let them deal with it. sideswipes are often he said/she said. The other party is saying your husband was at fault. These are all matters for your insurance co to deal with. That is why you buy insurance, isn't it?
Answered on May 10th, 2013 at 12:58 PM

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Administrative Law Attorney serving Tulsa, OK at Campbell & Tiger, PLLC
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The owner can sue for property damage. It is possible the owner?s insurance company is suing in his name to collect money it paid to repair the vehicle. This type of case is called a subrogation action.
Answered on May 10th, 2013 at 12:57 PM

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John Hone
You are being sued, apparently because they contend you sideswiped them. You have a claim against the owner of the other truck. The have denied liability, naturally. You have to prove against them, if there are damages, that the driver was driving with the permission of the owner. If all you are talking about is property damage to the truck, that is the responsibility of your own collision insurance. Michigan is a no fault state- your only claim against the other driver is for serious impairment of bodily function.
Answered on May 10th, 2013 at 12:56 PM

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