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Can the other driver sue me for bodily injury claim if I was found not guilty for the accident?

Newport News, VA |

During a recent two car accident, I was given a citation for failure to obey a traffic light. The other party was not given any citation. My insurance paid the damages on the other vehicle and she also filed a bodily injury claim (even though she was not transported and said she was fine). I went to court and was found not guilty. My insurance company then tried to reverse the claim and also closed out (denied) her bodily injury claim. They say they are anticipating that she will try to sue me. Will my verdict in the traffic court be enough evidence to deny this claim if she does sue? What effect will this have on me personally? And can my insurance company still raise my insurance and count this accident against me? What about if she were to win the law suit? Thanks for any advice!

Attorney Answers 5


I don't know the law in Virginia, but in California the traffic citation court proceeding would not be binding or even admissible in a civil suit for damages. The person could still file suit and if they are able to prove their case, recover damages. If you are sued, your insurance company will defend you. Insurance companies are generally free to determine when to put a "point" against your insurance driving records.

Good luck.

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The other driver can sue. Report it to your insurance company to resolve.

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In many jurisdictions, the police report and ticket are privileged, meaning they are not admissible for any purpose in the related civil injury lawsuit. The officer is not allowed to say who got the ticket but he can give his observations of the aftermath of the scene.

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The other driver can certainly pursue a claim and file a lawsuit against you. You may reside in a State with an accident report privilege. I suggest you report the claim to your insurance carrier. They will assign an attorney to represent you if the other party decides to pursue a claim.

This advice should not be construed as forming an attorney-client relationship. Please contact a licensed attorney in your jurisdiction for a consultation and evaluation of your potential claim.

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It will come down to who was at fault (in the civil lawsuit). If you are sued, your insurance company will hire an attorney to defend you. I'm not licensed in VA, but you both may end up being liable or contributory at fault to some percentage.

Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160

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