Visitor Question

Getting sued by driver who rear ended ME!

Submitted By: Anonymous (USA)

I had a flat tire that was wedged in the wheel well so I stopped my car on the highway. I had the emergency lights on but a man rear ended me from behind. My car was totaled. I was transported to the ER for a whiplash injury and still suffer from constant neck and back pain. I have physical therapy three times a week.

The police did not say if the party at fault got a ticket or if there is a court date. The man is suing me and my insurance company for negligence. I don’t understand how he could sue me. I’m the one who was injured and he rear ended my car! How could this happen? Is there anything I can do about this? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Anyone can sue anyone else, at anytime, for just about anything. That doesn’t mean they have a good case, or any chance of winning.

To clarify matters, the man technically isn’t suing your insurance company. If a lawsuit has in fact been filed it must be against you personally, or the company for whom you worked if you were driving a company car at the time of the collision. In addition, if the car was driven by you but owned by someone else, the owner of the car is subject to be sued as well.

There’s not a whole lot you can do at this point. If a lawsuit has been filed it’s effectively out of your hands. You must leave it to your insurance company to defend the suit. All you have to do is cooperate with your insurance company and you will be covered up to the limits of your policy.

Unfortunately, if your insurance company decides to settle the case, you won’t be able to stop them.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 6, 2013

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