got in car accident owner is suing me he was not d driver or in the car at that time can he?

Question

I got hit where rear axle is by a pick up in a 25MPH street and throwing 45 ft. now the owner of the pick up is taking me to court for damage (I had a stop wich i did but the truck was coming so fast that he hit me almost when i clear the street) he hit me where rear axle is "the owner was not in the pick up at that time somebody else was driving it, now .can he sue me

Answer 1

Yes he can.
He owns the truck.

Answer 2

From your description, you had a stop sign and no mention is made of one for the pick-up truck so I assume there was none. In that case, you were at fault because your responsibility was not simply to stop and go, but to go in a manner that would not cause such an accident. His speed is irrelevant (you imply he was speeding from the distance your vehicle was shoved) because you have no way of proving it short of an engineer calculating his speed from the various factors and I'm betting you will not be pursuing that approach. So he is assumed to have been going the speed limit and therefore not partially at fault ("contributorily negligent") and therefore not responsible for any of the damages.

So, here we have an accident for which you are at fault in most any court in the land (find one your mother is a judge for and maybe, just maybe...). The people possibly injured would be the driver, any passengers, you, any of your passengers, bystanders, and the owner of the pick-up (because you damaged his property). I saw no mention of passengers or bystanders and you seem to accept the possibility of the driver of the pick-up having a claim though no mention is made of that either so as to just the owner of the pick-up: you damaged his property. The driver was not at fault, though he could sue him as well. (If he did, the driver would then be able to sue you for the same amount he was ordered to pay the owner. You'd have to pay him and he'd have to pay the owner. But the likelihood of the driver suing a friend or relative is low so long as his suit against you succeeds AND he collects.)

So you damaged his truck, he sues you, you pay. Fair, equitable, and the way it is. Hopefully for you and him both you had insurance of an amount able to pay the claim.

Answer 3

The owner of the pickup is the person who will suffer financial loss due to the accident. He pays the insurance on the vehicle.

If the accident occurred as a result of you proceeding through the stop sign too soon, such that the pickup could not stop in time, then the lawsuit will claim that you did not yield the right of way required by the stop sign. Since you were in the intersection when the truck hit your car, it's like you did not stop at all.

Answer 4

He can sue you, but I doubt he can win the lawsuit.

Remember that to win his case, he must prove before the Court that you caused the accident, even when the driver of his pick up truck was the one that hit you.

If you can prove that you did nothing wrong, and that whoever was driving the truck was speeding (the Police Report has to have that info), then the pick up owner is likely to lose. He should be suing the person he gave the truck to drive.

Answer 5

Anybody can sue anybody for anything in this country. Winning is another thing. Do you have a police report? If so - who does it say was at fault? If you have a police report (and this is a perfect example of why you should always get one) and it says he is at fault. He can still sue you. But it's highly unlikely that he'll win. He owns the car. He's suing for property damage.

Answer 6

i do not understand Canadian regulation extremely, yet you truly have a protection to the vehicle being in undesirable situation in accordance with what you're saying. you should no longer be responsible for someone who become utilising your vehicle (although Canadian regulation would have something extremely about this) rather on condition that you've been injured and he become taking you to the health midsection. also, you should envision your insurance coverage. once you've criminal duty insurance, the reassurance corporation ought to take care of the lawsuit and then you doesn't ought to pay any legal experts your self (and, reckoning on your coverage, you doesn't ought to pay the guy suing you even if in case you by some ability lost).

Answer 7

First, it does not matter that he wasn't in the car, he must be the owner. Second, no matter how fast he was going, your responsibility to make sure you have a clear path before attempting to enter the road. I just went thru this, and this was the results. I had to pay. Doesn't seem fair, but that is how it is.

Answer 8

if the accident was your fault, yes. heck, even if it wasn't, he can still sue you, but that's no guarantee he will win.

did you file a police report? if not, then i don't know how you'll prove your case. take lots of pics and show the judge that he had to have hit you cause it would be impossible for you to hit someone there.

Answer 9

It doesn't sound like the original driver told the whole story, you didn't mention police in your statement, were they called? If they were I would take a copy of the report and take it to court or your insurance company. Otherwise you may even consider calling a lawyer, but that maybe expensive....GOOD LUCK!!!

Answer 10

If you were at fault then yes he can. It's not clear from what you've said just who caused the accident.

Speak with your insurance company - many policies include legal protection and representation and most of the time they'll pay any compensation he's awarded.

Answer 11

Yes, the owner of the vehicle is the one who has suffered the loss from the accident and if he can establish that your are at fault he can recover the costs of repairing his property from you.