A pedestrian hit/ran into my car while I was driving I was in the right away and she wasn't what will happen, there suing me?

Asked almost 5 years ago - New York

I was making a left turn on to a two way street there where about 4 cars on my right waiting at the red light the second car had A mother father and daughter with a dog in it. The mother ran in the street in between the cars to make it across before the light turned green the daughter was told to stay in the car but decided she was going to follow her mother and when she did she hit my car. My drivers side mirror got pushed in and she fell, while falling she broke her leg and is now suing me but it was not my fault. There was a big truck/suv in front at the red light then her family's car I couldn't see anything she came out of no where hit my car and fell. There were many people there and I got a witness saying it was not my fault. Can she sue me & why if she was in the wrong.
Thank you

Attorney answers (3)

  1. Michael Evan Greenspan

    Contributor Level 16

    Answered . It is very important that you notify both your auto insurance carrier and your homeowner's insurance carrier about this accident immediately. You should bring a copy of the police report to your insurance agent if you have an agent, if not, call up the insurance carrier's claim reporting hot line and make a full report. You need to put your homeowner's insurance carrier on notice if you have an umbrella policy.

    Assuming that you have been served with a Summons and Complaint, (these are the initial papers used to commence a lawsuit) you must get these papers over to your auto insurance agent immediately. If you do not have an agent, call the claims reporting hot line and arrange to have it faxed to the carrier.

    If the accident happened while you were performing a work related task, it is important that you inform your employer (by giving your employer a copy of the police report) and have your employer put its carrier on notice of a potential claim.

    By doing all of the above, you will protect yourself and ensure that any applicable insurance will be available. The insurance carrier will hire an attorney and defend you at its expense. You have a limited time to get the summons and complaint that you were served with to the insurance company so please do not wait. Be sure to fully cooperate with the attorney assigned to your case and the claims adjuster who will be contacting you once you have reported the incident. Good Luck

    Mike Greenspan

  2. David Hamlin Madden

    Contributor Level 14

    Answered . I can't tell if the child's family is suing you, or you're just afraid that she will sue you. In either case, you should report the accident to your car insurance company, including your description of the events and the identity of any witnesses. The insurance should defend you if you are sued, but they will want to investigate and contact the witnesses, so the sooner you let them know, the sooner they can do their job.

    People will often sue even if they're clearly in the wrong, because sometimes you can win a suit like that, and sometimes it's cheaper for the other side to pay a settlement than to defend the case. From your description, it sounds like it wasn't your fault, but it's unusual that a child would break her leg after running into a stationary car. Perhaps you were moving, or started moving at just the wrong time, or something like that; and that's why they think you were at least partially at fault.

    Tell your insurance and let them deal with it.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Yes, you can be sued. The real question is whether or not a suit would be successful against you.

    You need to notify your insurance carrier of this incident and cooperate with them in their investigation and defense of you.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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