i was rear ended by a older woman going way to fast (police said she was going about 75 and the speed limet was only 50)and was hurt pretty bad, the police report cited her at fault for iligeal passing on right handside; failur to avoid a accident; failur to do posted speed limet. she never got out of her car and refused treatment at the scence and was walking around she later drove her car away,on the other hand was hurt b/c i had my body turned looking back and watch her hit me in my mirror.i was rushed to the er with neck injuries and back probblems.
i am in the process of sueing for loss wages from work ( i am a single mom and work full time to support my toddler daughter who wasn't injured in the crash thank god!) and medical bills.
my question is this : can she sue me even thought she was at fault and refuse treatment and witness seen her walking around? what could she sue for? can she sue my insurnace company?
2007-02-10 08:01:38 · 9 answers · asked by freaky306 2 in Politics & Government ➔ Law & Ethics
oh i forgot to add, i was at a dead stop with my turn signal on in my proper lane. since i was at a dead stop the impact of the collison was around 60 mph (taking that she 'tryed' to slow down) there were no brake marks until after mine she pushed me a good 15 ft from a dead stop with my foot on the brake
2007-02-10 09:02:51 · update #1
no, her fault. her insurance will pay.
2007-02-10 08:09:26 · answer #1 · answered by nwnativeprincess 6 · 0⤊ 0⤋
Yes. There is an old saying, you can sue anybody. But getting something in another thing. She would sue your insurance company. In my state, it is as you have said, you hit them in the rear and you are at fault. You should be able to get money to cover lost wages, medical expenses, incidental expenses, and damages. Don't sign away you rights to future claims because all medical problems do not necessarily come up immediately. You also should be able tro get you car fixed or replaced. She may be suing to try and scare you and because she knows you are injured. Just think about, what kind of personality is going 25 over the speed limit and illegally passing on the right.? A real aggressive nut case. Get a personal injury lawyer(the ones that talk to you for free)talk to them, talk to a second if you are not satisfied. Good Luck in you attempt at justice and hope you get well.
2007-02-10 08:15:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She can try, but it won't do her any good, because it was her fault. So, don't worry about that happening.
You have to notify your insurance company because they may pay some of the bill for you and then go after her company.
Make sure your lawyer is a personal injury lawyer and that lawyer will most likely take your case with no up front money. He/she will take a percentage when the case is settled. It is usually 20 to 33% of the settlement, so make sure you ask for a large amount and don't sign off on the medical part because you may have more bills as time goes on.
Good luck and I hope you are felling better.
2007-02-10 08:14:26 · answer #3 · answered by Aliz 6 · 0⤊ 0⤋
Yes, she can sue you or your insurance company but it would be a waste of time and money since she was found at fault for the accident. I would also contact her insurance company. If she has full coverage, there may be some coverage for injuries caused by an accident. It is very likely that you will be awarded medical bills and fairly likely you will be awarded lost wages. It may be better for you to claim these expenses on your insurance and let your insurance company take her on, if you have that kind of coverage on your car insurance.
2007-02-10 08:13:57 · answer #4 · answered by msi_cord 7 · 0⤊ 0⤋
Anybody can sue most anybody else for most anything. So, the answer is, she certainly can sue you (actually your insurance company for up to the limits of your coverage and then she can sue YOU for the overage). In practical terms, forget about because if the police report reflects your version of the accident, she'll have no success whatever in bringing suit against you and your insurer. There are nuts out there, however.
2007-02-10 08:23:08 · answer #5 · answered by DelK 7 · 0⤊ 0⤋
Who desperate which you prefer a chiropractor? i'd see what the insurance business enterprise needs to do first considering a lawyer will take a huge chew of what the insurance business enterprise pays. you may desire to pop out with extra money, be despatched to fewer 'expert', spend much less time, and would have a extra acceptable risk of retaining any integrity you have left in case you do no longer sue.
2016-09-28 22:29:20 · answer #6 · answered by ? 4 · 0⤊ 0⤋
No. What could she possibly sue you for?
I was once involved in an accident where I put forward a claim of "mutual liability" (because both drivers had committed a traffic offense at the time of the accident), but don't see how this would apply in your case.
2007-02-10 09:11:35 · answer #7 · answered by lesroys 6 · 0⤊ 0⤋
Anyone can attempt to sue, but it wont carry any weight if she was found legally responsible for the accident, just get as copy of the police report sand keep it on record just incase she does tray sand asue you.
2007-02-10 08:09:22 · answer #8 · answered by comrade_crunch 2 · 0⤊ 0⤋
A very obvious no.
2007-02-10 08:08:54 · answer #9 · answered by banderson 3 · 0⤊ 0⤋