Visitor Question

Can I be sued by the at-fault driver?

Submitted By: Rachel (Ohio)

I was involved in an accident involving a motorcycle. He was charged for failure to stop at a stop sign and his insurance company paid to fix my vehicle. He had injuries and is now suing me.

Does he have a claim? How can he sue me for his injuries when he’s the one charged with failing to stop at a stop sign?

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 Rachel,

From the facts you present it’s difficult for us to understand how the motorcycle driver cold possibly have any grounds to prevail in a lawsuit against you.

You should understand in this country anyone can file a lawsuit at anytime, but this doesn’t mean they are going to prevail. In fact in most cases if a person files a lawsuit and there are really no grounds upon which to file suit, the Judge may consider the suit a frivolous lawsuit.

If she does she may not only dismiss the case, but may apply sanctions against the person – in your case the motorcycle driver. Sanctions can mean anything from fining the motorcycle driver, making the driver pay the costs you had to expend to defend yourself in court, and even put the motorcycle driver in jail.

Unless there are additional facts we are not aware of we just cannot fathom why the motorcycle driver would file suit, and more importantly, upon what grounds.

The facts you present confirm the motorcycle driver’s insurance company paid for your property damage. When that occurs it is a clear indication the motorcycle driver’s insurance company has accepted full liability for the negligence of their insured.

Additionally, you mentioned the motorcycle driver received a citation from the police for failing to stop at a stop sign. It’s possible you may be confusing a letter from the motorcycle driver telling you she is going to sue. The letter isn’t a lawsuit. It is just that – a letter. From the facts you present it appears you have little or nothing to be concerned about.

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: August 5, 2011

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