My car was rear ended and now the guy who hit me is claiming he has suffered injurys and is suing. The man didn't have insurance at the time and he hit me from behind (Which would mean that it's not my fault)...what do i do??
The man was never citied for hitting me because when the accident happened it was in the middle of traffic and we both had to move our cars out of the way...does this mean something???
2007-06-18 15:50:06 · 9 answers · asked by ~Steve~ 2 in Cars & Transportation ➔ Insurance & Registration
First of all anyone can sue anyone else for absoutely no reason whatsoever. Second, don't believe that just because you were rear-ended it is automatically the other guy's fault. This is the case 99 times out of 100 but there are times when a rear end collision will go the other way depending on the circumstances. Contact your insurance company and file a claim -- they have lots of lawyers and will throw a bucket of icewater on this guy for you.
2007-06-18 15:55:31 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I am assuming you reported this to your insurance company & they have paid your damages. They will be subrogating (or attempting to collect) the damages from the at fault party. If you received a summons & complaint, give it immediately to your insurance company because this has to be answered within 20 days or you will be in default (& the other guy could "win" by default & you don't want that). Your insurance company will file the answer. Also, when an insurance company knows it is 100% not at fault they will fight it & will let it go to court because they will win. Your company will contact the guy's attorney & deny the bodily injury claim. If he won't go away, it will go to arbitration. Arbitration is binding. Once they hear the circumstances, see the police report & find out this guy was uninsured at the time of the accident, I am quite sure they would find in your favor.
So, just let your insurance handle it, that is what you pay them for. You don't need your own lawyer, the insurance company has plenty that they work with.
2007-06-18 23:30:21 · answer #2 · answered by Sue 6 · 0⤊ 0⤋
you have been charged because the police believe you hit the vehicle in front first and the vehicle then behind then hit you causing in fact two collisions. if this is indeed the case it is up to you to prove otherwise if you cannot prove this then your insurance company would have to pay out. But the car behind you definitely rear ended you and the fault lies without a doubt with that driver for any damage caused to your car. but only for the rear end damage and not the front, this matter will be sorted out with the insurance companies and really in fact you will not have any say in the matter at all. as for making a claim on this drivers insurance the problem here is ascertaning which accident caused you injuries, the one allegedly caused by you or the driver that ran into the back of you.IMO the insurance companies will probably say you are 50% to blame and you will recieve a calim that as been reduced accordingly. In the case of the offence you have been charged with you will be fined approx £100 +costs of approx £45 and you will be given three points. unless you can prove other wise I would not bother pleading not guilty to what is in fact in reality a very trivial motoring offence. The reason I say this is because during the course of the trial it may be proved that you were sole cause of the accidents and then you would not get a claim settled at all by the insurance companies
2016-05-19 03:53:22 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Best person to answer this is your insurance agent. Anytime you are hit from the rear it is the other driver's fault. To the best of my knowledge, he cannot sue you successfully for an accident he caused. Although he did not get a citation can you get a copy of the police report? Were police called to the scene? Even if not it seems that the damaged areas of your individual vehicles should corroborate your side of the story.
Call your agent. This is his headache, it's why you have insurance...
2007-06-18 15:54:45 · answer #4 · answered by Karen W 6 · 0⤊ 1⤋
Anybody can sue anybody. He's and his ambulance chaser are probably betting that your insurance company will offer some kind of settlement rather than going to court. And they could be right. Litigation is very expensive.
Still, contact your insurance company, have photos of your damage if possible, have a copy of the incident report and a copy of the invoice for your repairs. These should adequately demonstrate that you were the one who was hit.
Maybe you and your insurance should counter-sue him personally for those repairs and the depreciated value of your car as a result of this serious accident!
Good luck.
2007-06-18 16:09:01 · answer #5 · answered by Tom K 7 · 0⤊ 0⤋
Get an attorney. I think he's just bluffing hoping you'll back off. It sounds like he was at fault but if he pushes you, fight him in court. Let the facts speak out. More than likely he will be found guilty (based on your statement) and he will have to pay for damages and court costs. You could also include damages for lost time at work and a rental car. You could also claim pain and suffering if you really want to stick it to him for being so blatantly irresponsible.
2007-06-18 16:01:23 · answer #6 · answered by ro 6 · 1⤊ 0⤋
If he hit you and had no insurance, it's clearly his fault. Hopefully you reported this to your insurance at the time it happened and they will represent you and collect for your damages.
2007-06-18 16:06:21 · answer #7 · answered by oklatom 7 · 0⤊ 0⤋
anyone can sue anyone. Just because he is suing you.. doesnt mean he will win.
Thats why you have insurance unless this loser. Simply let them know he is attempting to collect (if you havent already) and they will set him straight. Trust me.. if its just like your saying... they arent paying anything and you will be fine.
2007-06-18 16:00:04 · answer #8 · answered by Anonymous · 1⤊ 0⤋
ask your insurance agent , they will protect themselves , if you can get a attorney
2007-06-18 15:53:04 · answer #9 · answered by jon_wayne89 5 · 0⤊ 0⤋