Can I be sued for an accident that was not my fault?

This was over a year ago and I didn’t have insurance. I’m currently being sued.

Asked on October 23, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can be sued in the sense that someone can file a lawsuit against you and force you to defend--if you ignore the suit or otherwise fail to defend, you will lose by "default" and the other person will get what he is seeking from you. However, for the other person to win the lawsuit (assuming you do defend), he would have to 1) prove that it is more likely than not that the accident was in fact your fault--if it was not your fault, you would not be liable; and 2) prove that you caused a certain amount of injuries, damages, costs, etc. to him--he can only get what he can prove, even if there is liability. You can, of course, present contrary evidence and testimony to challenge any evidence he presents to prove his case.


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