Can I sue the person I ran over if I was not at fault for the accident?

I was involved in a traffic event which resulted in my running a lady over. She was injured and my car was damaged. The police report confirms that no driving offense was committed and I was not at fault. I have received quotes in the region of $10,000 to repair my car. What legal rights do I have to pursue the lady I hit? I’ve suffered/suffering substantial financial losses and the whole event has effected me. I have not driven since and the even has knocked my confidence drastically.

Asked on March 22, 2018 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can try to sue her if you believe that she was at fault: that is, that she negligently (unreasonable carelessly) ran or jumped out in front of your car. You'd have to prove her fault--and your lack of fault--to recover compensation. Bear in mind that the police report does NOT "confirm" your lack of fault: the police report is not a court determination or finding--it's just the opinion of the officer(s) who investigated the accident. It is evidence of fault, and can be persuasive or effective evidence--but it does not settle the matter, and a court, in a civil lawsuit, could find against it and you.


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