QUESTION
What can I do about a car accident that was not my fault and now I am being sued?
Asked on May 06th, 2013 on Personal Injury - California
More details to this question:
I was in a car accident. I didn't have insurance at the time. I was hit on my passenger side by this lady, which through me over a ramp coming off of the expressway. She is suing me for her and three other people who was supposedly in the car. I don't know because I was taken to the hospital right away. My car was total. My head hit the steering wheel and my knees hit under the steering wheel. What do I suppose to do about this?
15 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
You need to answer the suit. It is best to have a lawyer do this for you, but you will have to pay the lawyer - if you had insurance as the law in Michigan requires, they would have hired/paid a lawyer for you. If you can prove that you were not at fault for causing the accident, they can not collect any money from you. You can also contest the extent of the injuries being claimed, but that will require getting the injured parties depositions, medical records and perhaps having either the records and/or the injured party examined by a doctor to determine if their injury claims are based on medical evidence. An alternative is to discuss your lack of insurance with their lawyer and encourage them to make an Uninsured Motorist claim against their own insurance policy. However, if their insurer pays this claim, the insurer may sue you for reimbursement. Of course, you can then still attempt to show you were not negligent or the insureds weren't hurt (if those things are true).
Answered on May 14th, 2013 at 7:57 AM
Do you have any assets? If not, tell the plaintiff that you have no insurance or money so you are judgment proof. If she will not dismiss the suit then you need to file an answer, apply to the court for a waiver of the filing fees, consider filing for bankruptcy, and try to find some books that will tell you in layman's language what to do to defend a civil suit. It will be very difficult. If the police report supports your version give her or her attorney a copy of that and suggest she go after her own uninsured motorist insurance policy coverage. It will not be easy. You probably want to file a cross-complaint for the damage to your vehicle and loss of use of it. I assume you do not have the money to pay an attorney for legal advice.
Answered on May 10th, 2013 at 3:06 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You should hire a lawyer to defend your case. If you cannot afford an attorney, file an answer to the suit and do your best to defend yourself.
Answered on May 10th, 2013 at 2:58 AM
You need a lawyer to pursue your case against her, and to defend you. First, your lawyer will want to look at a police report if one was prepared. If not, you need to report the accident now to the police and pursue the lady.
Answered on May 10th, 2013 at 2:51 AM
Ronald A. Steinberg
That is what happens when you drive a car without insurance. Even when you are right, you are wrong. I would go to a lawyer and find out if you have a claim against the owner and driver of the other car.
Answered on May 09th, 2013 at 3:07 PM
James Eugene Hasser
Consult an experienced accident lawyer.
Answered on May 07th, 2013 at 2:20 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
If you didn't have insurance, you will need to find an attorney at your own expense to defend you in this lawsuit. If you lose, you will have to pay damages to the plaintiffs who are suing you. If the accident wasn't your fault, you may successfully defend the lawsuit, but that is almost impossible without the assistance of an attorney.
Answered on May 07th, 2013 at 2:20 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
The question is who was at fault? Obviously they think you were. That is for a jury to decide. If you did not have insurance coverage you ought to hire a really good lawyer to fight for you. otherwise you are likely to wind up with a judgment against you and you may lose your right to drive
Answered on May 07th, 2013 at 2:20 PM
Insurance Attorney serving Seattle, WA
at
Lawrence Kahn Law Group
Update Your Profile
See an attorney to file a counter suit. If you are negligent free and Injured, there should be no problem hiring one on a contingency fee agreement.
Answered on May 07th, 2013 at 2:20 PM
1 Award
The biggest issue is whether the accident was more your fault than the other driver's fault. The answer to that question determines who is liable to the other. The passengers, on the other hand, have the right to sue both drivers and the other driver's insurer, if she had insurance. You need a lawyer to help you determine what to do. The facts of the accident and the severity of injuries are important facts that a lawyer would need to know in order to give you good advice about this.
Answered on May 07th, 2013 at 2:19 PM
John Hone
Are you collectible? You don't have insurance. But still, even under the facts that you stated, you need to defend the case, or they can get a judgment against you.
Answered on May 07th, 2013 at 2:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You will have to engage in attorney with all the facts before any firm opinion can be rendered, however, driving without insurance, especially in Michigan, is dealt with very harshly.
Answered on May 07th, 2013 at 2:18 PM
Family Law Attorney serving Washington, DC
at
Crowley, Hoge & Fein, P.C.
Update Your Profile
Nothing to do other than hire a lawyer and expect to pay A LOT of money to the lawyer to defend you in court. If you do nothing, no one will know the accident was caused by the person suing you and that person will get a default judgment against you. The lawyer can ask that your legal fees be paid by the at-fault driver, but that doesn't happen very often.
Answered on May 07th, 2013 at 2:18 PM
Thomas Edward Gates
Retain an attorney to assist you.
Answered on May 07th, 2013 at 2:17 PM
Monica Cecilia Castillo-Barraza
You need to contact a personal injury attorney as soon as possible, especially if you have been served with the lawsuit.
Answered on May 07th, 2013 at 2:17 PM