Can someone sue me for an accident that wasn't my fault if 2 months have passed and there was no police report made?
Question Details:
I was at an intersection turning left. I turned into my left lane and a man that was turning right turned directly into the left lane instead of his right lane and side swiped me. This happened 2 months ago and there was no police report. Now he is trying to sue me for a 200 dollar dent he got on his big truck when my cars damages where estimated at $2500 to $3000. Can he sue me?
1) There is no obligation to make a police report to bring a lawsuit. Depending on the conditions and terms in the parties' insurance, filing a police report may be a condition on being covered, but it's not a condition on bringing a suit.
2) If someone legitimately believes that you are at fault (i.e. it's a good faith belief), they can certainly bring a lawsuit. (Lawsuits are also brought in bad faith, too, but then there's at least the possibility of countersuing for the misuse of the system or otherwise bringing a claim or seeking some sanctions.) If they are wrong, that will be determined during the suit; indeed, the purpose of a trial is to determine who in fact was at fault.
3) Nothing stops someone who suffered less damage from suing someone who suffered more; of course, if he hauls you into court, nothing stops you from countersuing him for your own damages or losses.
