rear ended,other driver at fault, can she sue me?

Question

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?

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

Answer 1

Any person may sue any other person, any time, for any reason. Winning the suit is another matter,. But the direct answer to your question is yes.

Answer 2

As others said, she can sue for any reason if she can find a lawyer to take the case. And, like others said, she probably doesn't have a leg to stand on.

However, I can think of one way that she could possibly argue either your fault or shared fault.

She would be forced to prove that you were in the process of doing something unexpected and limited her possibility to avoid the accident. If you were in your lane and reacting appropriately to the traffic situation around you, then you wouldn't have to worry. If you were stopped at a light and were tending to your child, you would be ok. If you were swerving across lanes and were tending to your child in the back, then she would have a better chance at winning if that is truly the case and she can prove that.

Reading your question, I am a little confused. You say that she never got out and then later say she was walking around. Which was it?

She was going 75 and hit you? If her car was operable later, then you must not have been stopped or she could not have driven away.

Based on this last bit, if I were you, I would hope that I could locate a witness that can testify that you were driving acceptably in your lane since you admitted that you were obviously turned around in your seat at the time. I bet she will testify that you weren't in your lane and she was simply trying to pass when you popped out in front of her. And, she may have witnesses that will testify to that fact.

Anyway, maybe I'm wrong about this and you will be ok. Regardless, good luck in your recovery.

Answer 3

Anyone can sue you. Whether they can win is another story. From the info you provided, I would surmise that you are worrying for no good reason. If I were you I would get a good personal injury lawyer and make sure that your medical, loss of wages, and car repair expenses will be covered by her insurance, as well as making sure that any continuing medical care be covered, as some injuries especially to the back or spine can take years or a lifetime to get over.

Answer 4

sure. there is an previous announcing, you may sue all people. yet getting some thing in yet another element. She would sue your insurance business enterprise. In my state, this is as you have reported, you hit them interior the rear and you're at fault. you will desire to be waiting to get money to conceal lost wages, scientific fees, incidental fees, and damages. do no longer sign away you rights to destiny claims simply by fact all scientific problems do no longer unavoidably arise in the present day. you apart from would would desire to have the means tro get you automobile fastened or replaced. She may be suing to purpose and scare you and because she knows you're injured. purely think of roughly, what style of character is going 25 over the cost shrink and illegally passing on the suited.? a genuine aggressive nut case. Get a private harm lawyer(those that refer to you for loose)refer to them, refer to a 2nd in case you're no longer happy. stable success in you attempt at justice and need you recuperate.

Answer 5

She could sue you. Anybody can sue anybody. Its winning that makes the difference. She doesn't really have a leg to stand on. It's amazing what some people will try to get away with, but insurance companies have seen it all. If she does sue your insurance co. shes in deep quano because the insurance co. has really good lawyers.

Answer 6

Bottom line the person who hits another in the rear is at fault. She might try, but I don't see a lawyer taking the case if it was written up by the police as her fault. It's a no win case. Relax, you have nothing to worry about.

Answer 7

Any body can sue anyone else if they can find an attorney to handle it. The question would be, can she sue you and prevail. If it's as you said it, she wouldn't stand a chance. Just keep your insurance company up to speed, they will provide you with an attorney if she tries.

Answer 8

You cannot be sued by someone who is at fault. You have the right to sue and claim damages arising from the reckless imprudence committed against you by the person who bumped your car.

Answer 9

don't worry things will work out for you please hold on to the police report and your ins report just in case she trys something stupit.so anyway cheer up be happy and take good care of your baby youre a good mom.

Answer 10

i honestly don't think she has a leg to stand on. i would.t worry if i was you.