I hit a pedestrian 2 years ago as she was jaywalking. She has now hired an attorney and I have been summoned to court. Is it possible for me to put a lawsuit against her being that it was her fault?
2007-06-25 09:23:25 · 7 answers · asked by Riddledmind 2 in Politics & Government ➔ Law & Ethics
First of all, you should give the papers to your insurance company. Send them by certified mail, RRR. When you purchased your insurance policy, you signed a subrogation agreement -- according to which you have no authority to make any decisions about this litigation.
The fact that the pedestrian was jaywalking creates an issue of contributory negligence for her, but it does not necessarily absolve you of liability. A driver still has the obligation to keep a proper lookout. In any event, you have no grounds for a countersuit unless you were injured or your vehicle was damaged in an amount exceeding your jurisdiction's no-fault limits (if it has a no-fault law).
2007-06-25 09:44:28 · answer #1 · answered by Rеdisca 5 · 1⤊ 0⤋
Yes, you can countersue. However, most insurance policies will provide a lawyer for you, so you don't have to do much work on it.
Practially, a countersuit only is useful if you actually suffered damages from hitting her. Otherwise you'd just be vcreating more administrative work for those involved. But you certainly have the right to do so.
2007-06-25 10:14:59 · answer #2 · answered by Jericho 4 · 0⤊ 0⤋
Depends on where you lived at the time every state is different when it comes to Jaywalkers.
In Calif. no matter weather she was a jaywalker or not , if you hit her you are at fault. When driving a car, you have to slow down for anyone or thing crossing the street. you hit them you are at fault. The same for the laws in Arizona.
If I were you go get a lawyer real fast
2007-06-25 09:36:08 · answer #3 · answered by Angell 6 · 0⤊ 1⤋
Practically speaking, insurance companies don't like to go to court because it's expensive to pay lawyers. They will probably settle with her just to make it go away.
2007-06-25 09:30:51 · answer #4 · answered by Dee 4 · 0⤊ 0⤋
You should turn this over to your vehicle insurance company. That's one of the reasons you have car insurance.
2007-06-25 10:05:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You should contact your insurance company (the one you had at the time) and refer the matter to them. Follow their directions as how to proceed.
2007-06-25 09:27:17 · answer #6 · answered by Yak Rider 7 · 1⤊ 0⤋
If you were injured or if you vehicle was damaged, you can sue. If you did not lose money in some way, you have nothing to sue for.
2007-06-25 09:28:16 · answer #7 · answered by regerugged 7 · 0⤊ 0⤋