You raise an issue that is covered by the "Doctrine of Collateral Estoppel". The short answer is that even though you were successful in the earlier lawsuit, since the passenger was not a party to that lawsuit, you can not use the earlier determination to dismiss the passenger's later lawsuit. Parenthetically, if you lose the earlier lawsuit, the passenger can use that determination to have you held liable in his/her later lawsuit. The reasoning behind the foregoing application is that the passenger did not have a "full and fair" opportunity to litigate the issue of liability in the earlier lawsuit not being a party thereto, while you were.
If you are found at fault in the first suit, it can be used as evidence of liability against you in the second suit. If you are deemed not at fault in the first action, it can not be used as affirmative evidence that you are not at fault in the second because the passenger was not a party in the first case.
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.
If you win, there is a liklihood that you will be able to claim that the passenger must obtain any damages from the other driver. I would, however, give notice to your insurance carrier.
In all likelihood new litigation would need to be pursued, as the parties in the first suit are not the same as in the 2nd and no estoppel would apply. Report the incident to your automobile liability insurance carrier and let them worry about this.
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.
Liability for personal injuries Premises liability for personal injuries Personal injury Personal injury lawsuits Evidence for personal injury cases Fault laws and personal injury cases Types of personal injuries Personal injury and car accidents Property liability Lawsuits and disputes Filing a lawsuit Evidence
Sign up to receive a 3-part series of useful information and advice about personal injury law.