Can I sue the person who hit me even if it was not totaly there fault??

Asked about 2 years ago - Pearl River, NY

I was sitting at a red light ( I was the first car ) with two cars behind me. A fourth car came from another street and hit the third car causing a domino effect. My car was the last to be hit and did not hit any cars. The car that hit me from behind just sent me a summons. Even though the person who started the accident paid for my damage can I still get money from the car that hit me??? Why would she even send me a summons when she is the one who hit me?? What would you do if you were me??

Attorney answers (6)

  1. Yefim Rubinov

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Send the Summons to your insurance company let them defend you. If you were hurt or injured consider suing. Consult an attorney nearby.

  2. Michael Evan Greenspan

    Contributor Level 16

    1

    Lawyer agrees

    Answered . My colleagues are correct that you need to immediately forward the Summons & Complaint to your insurance carrier. I would call the 800 number on the carrier's website to report the claim as well.

    New York has a stringent serious injury threshold statute which governs claims for pain and suffering arising out of a car accident. You can only successfully sue the at fault driver if you have been injured to the level which meets the Serious Injury threshold. We handle cases in Rockland County and would be happy to explain your options to you. The consultation is free and without obligation.

    Mike Greenspan

  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No, you cannot double-dip. Perhaps she wants you to testify that she was safely stopped before her car was struck. Forward summons to your insurance carrier just to be on the safe side.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  4. Eli Babaev

    Contributor Level 2

    Answered . The car behind you sent you the summons most likely bec you were a party named in the police report. Your should definitely forward the summons over to your insurance carrier at the time of the accident. They are obligated to defend you and will most likely get rid of the case for you since you wer hit in the rear while stopped at a red. With regards to whether you should sue, that really depends on any injuries that you suffered. It also depends on when the accident happened and if there is even any time left to sue. Generally, in NY there is a 3year Statute of limitations for negligence cases such as motor vehicle accidents. I suggest you contact an attorney to go over your legal rights.

    Eli Babaev (917) 496-2517 Eli@babaevlaw.com
  5. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If you were served with a "summons", you need to call your insurance company immediately so that they can hire an attorney to file a timely response with the court. In most states you must file a responsive pleading within 20-30 days or you will be in default. You should let your insurance company know immediately that you received a summons.

    Good luck

  6. Gary Marc Zeidwig

    Contributor Level 2

    1

    Lawyer agrees

    Answered . Yes you can and it depends on your contribution to the accident. It depends on the state where the accident happened. Either the state has comparative negligence or contributory negligence. Comparative negligence accesses a percentage of fault to each side and one could recover if they are negligent. A contributory negligence state bars a recovery if one side "contributes" to the accident. These traffic tickets are hearsay and in a comparative negligent state like mine, I would represent people as I currently do that were cited inaccurately with tickets. This is the general concept to negligence matters. Hope it helps, Gary

    Please note that any commentary offered is based on the limited set of facts and background data and please do not... more

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