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Can the opposing person sue me?

High Point, NC |
Filed under: Lawsuits and disputes

On Feb 15, 2013. I was going down a busy 2 lane road and the cars infront of me slammed their brakes and I did too but there was a car behind me that didn't stop and it me on my left rear side and my car went to the opposing lane and went head on with it, i just came out with sprained wrist but my car got totalled and the car from the opposing lane too. And the car that hit from the rear, ran away from the scene. A month or so later the insurance company lets me go because I'm not at fault and on the last insurance statement it said that their claims were denied. But today, I received a call from my insurance company and they said that the car coming from the opposing lane has sued me. How can they sue me? I'm just as much as a victim as they are.

Attorney Answers 4

Posted

There's nothing preventing someone from filing suit in a situation like this. Sometimes attorneys will sue marginal parties just to be sure they are covering all bases. The more important question is whether they will be successful in the suit which will require that they prove some negligence on your part. Your insurance company will hire a lawyer to defend you and that lawyer will advise you on all of the considerations in your case.

Good luck.

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3 comments

Asker

Posted

So if they can't prove any negligence, I will be good?

S. David Rosenthal Esquire

S. David Rosenthal Esquire

Posted

Correct, it sounds like you did nothing wrong and the only reason your car hit the plaintiff's car was that you were hit from behind and forced into opposing traffic. In that situation you have no liability that I can see. It will be up to your attorney to get you out of the case either for a waiver of costs or some nominal settlement. Good luck.

Asker

Posted

Exactly and in the state of North Carolina the person that hits first is the one at fault. Thank you Sir!

Posted

Let your insurance company defend the claim. That's what you pay your premium for. The car that rear ended you likely doesn't have insurance coverage so bringing a claim against you is the other cars only option.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

Report this to your insurance company ASAP. They should handle it for you.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

Simply report it to your insurance company to defend.

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