Last year I hit a lady who was walking across the highway. It was pitch black and she was wering black. I never even seen her. I got a letter yesterday from my old insurance company (I switched last June because my rate went WAY up) saying that the lady has filed suit for $750,000.00 !!! Of which I am liable for $350,000.00. Is it possible she can win this lawsuit? I was not charged by the police. I was obeying the speed limit.
2007-01-08 23:49:27 · 14 answers · asked by woodybmi 3 in Politics & Government ➔ Law & Ethics
It was a major US Highway. Four lanes. No crosswalk.
2007-01-08 23:58:06 · update #1
Contact the Insurance Company at once. They are the ones that will actually have to handle some of this. Reason you will be out money is that an insurance policy only covers you for a specified amount of money....IF you lose and they grant her more than your insurance covers then of course you are responsible for the difference...sorry but thats how it works.
Ask the insurance company if they will fight it in court with their attorney or are you expected to get the attorney.
Good Luck......but this is now days a sue happy group, reason everything is so high for us the consumer.
2007-01-09 00:19:42 · answer #1 · answered by Gypsygrl 5 · 0⤊ 0⤋
There are several critcal points of information that you did not include in your question which does not really allow for a very good answer for you. Anyone can sue anyone else. Doesn't mean they will always win.
If you were totally in the right, and were not doing anything wrong (speeding, illegal lane change, etc.) while driving and the law enforcement didn't cite you for anything, then it would generally be a hard case for her to win. You will still be out a lot of money because it would still be in your best interest to hire an attorney pretty quick. That alone is going to cost you some good money.
Good luck...
2007-01-09 00:03:03 · answer #2 · answered by deftonehead778 4 · 0⤊ 0⤋
Without knowing all the details it's hard to call.
Several things are evident though.
1) The amount of money being requested is more than simply to cover medical expenses;
2) If you weren't charged in relation to that incident, then there is no base for a claim of negligence on your part;
3) The woman contributed to her problem by not making herself visible and walking where she wasn't supposed to.
You could possibly lose a lawsuit to recoup partial medical expenses. I don't think that the amount she is seeking would be awarded to her, as she has responsibility for the accident.
2007-01-09 00:04:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer especially if you old insurance company is telling you that you are liable for 350,000.00. They have no business determining your personal liability since you were not ticketed.
Sound like they are trying to throw you under the bus.
2007-01-09 00:00:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She can, of course, sue you. It sounds like you have legitimate defenses. Your insurance company will provide a defense for you.
I am surprised she sued for a specific amount. Is $350 k your policy limit?
Have you actually been served with the lawsuit?
2007-01-08 23:57:10 · answer #5 · answered by Anonymous · 2⤊ 0⤋
She can sue you. You need to see an attorney. Sounds like you have a good defense since she did not use caution or good sense crossing the highway. Good luck to you.
2007-01-09 00:24:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Her chances are slim to none....
You were deemed "not guilty" by the investigating officers with no guilt on your part for the accident...
She retained a lawyer who is being paid "before hand" to handle her case... It does not make any matter if she wins the case or not to her lawyer, because he will already be paid....
Its another "win, win for the sharks"....
Unfornately, you will need to obtain a lawyer... Personally , I would immediately have him file for dismissal of the case on grounds of lack of evidence....
BTW, what the hell is your insurance company doing besides collecting monthly payments ???
2007-01-09 00:11:59 · answer #7 · answered by donrentf 3 · 0⤊ 1⤋
Any one can sue for anything now a days. Sounds like you need a good lawyer!!! Good Luck!!!!
2007-01-08 23:56:28 · answer #8 · answered by d3midway semi-retired 7 · 1⤊ 0⤋
You are fine it was from your insurance. It was not served by a deputy sheriff from the court. Rip it up and calm down.
2007-01-08 23:58:48 · answer #9 · answered by bill a 5 · 0⤊ 0⤋
In this "sue happy" society, anything is possible. You better get yourself a lawyer. Good luck.
2007-01-08 23:53:23 · answer #10 · answered by kja63 7 · 1⤊ 0⤋