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I was in a car accident about 3 months ago. The other car side swiped me on the freeway. I had about $1,000 in damage.

Houston, TX |

I went to see a doctor for a couple of months. The insurance company has informed me they do not feel their driver is at fault because their driver was trying to avoid another car which was entering the freeway and did not yield to their driver. They are claiming sudden emergency. Do I have any defense to this argument? She could have taken other evasive action instead she switched into my lane and hit me caused me to lose control a bit and struck her before I was able to pull over. Is sudden emergency a defense so she doesn't have to compensate me for my expenses and injuries?

Attorney Answers 5


Sudden emergency is always a "possible" defense. But a seasoned trial lawyer can tell you if that defense has much merit. You will want to contact a lawyer who specializes in personal injury car wreck cases so that he can evaluate whether that defense can be overcome. If it can, her insurance would be forced to pay you

None of the opinions above should be considered legal advice, until I have had the opportunity to review the actual facts of the case.

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You should consult with a local plaintiff's personal injury lawyer. Do not attempt to negotiate with the other insurance company. That rep's job is to pay out as little in claims as they can.

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To recover, you have to prove the other driver was negligent. If there was a sudden emergency, then she would not be negligent. In a sense that is a defense. So you would have to prove there was some other reason she really ran into you. Was she on her phone?

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

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You may have another way to go here, with a claim against your own carrier for uninsured motorist coverage based on the negligent act of the unknown party who cut off the party who struck you.

Legal Disclaimer:

If this information has been helpful, please indicate below.

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 ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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Then have a local personal injury lawyer investigate instead of trying to resolve it yourself

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