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I'm being sued for an auto accident which was not my fault. I did not have insurance at the time.

Asked over 2 years ago - Houston, TX

I was in an auto accident in March of 2008. I had a green light and the person on coming the other direction made a left turn in front of me. I had two witnesses to the accident. I hired an attorney at the time because my insurance had lapsed. In court, the jury awarded me $70 for my out-of-pocket expenses. Now, the other insurance company is sueing me. They have applied to suspend my license and are telling me that I can settle for $11,000. What should I do?

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Since the jury awarded me the case (even though the amount was small), doesn't that mean that the other party was at fault? Do I stand a chance of winning if this goes to trial?

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Attorney answers (2)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Use the attorney you used in the trial to fend off the new lawsuit. It is certainly good for you that you prevailed in the first trial. An attorney familiar with the case like yours might be able to use a legal argument to avoid a second trial.

You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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Lars A. Lundeen

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in Rutland, VT.

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I suggest that you may want to contact the attorney who originally represented you on the same accident. He would have intimate knowledge of the facts and would probably be in the best position to guide you in responding to your current situation.

Your dilemma points out why everyone who owns or operates a vehicle should maintain liability insurance on the vehicle at all times. Paying premiums for the coverage would be substantially less than $11,000 being claimed against you and you would not be having this aggravation. The burden of defending the claim would fall onto your insurance carrier, not you.

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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 in 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 advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

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