Can I be sued for an accident if both parties are considered at fault?

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Can I be sued for an accident if both parties are considered at fault?

Auto accident. Neither of us were given citations, but the other party is thirsty for money. One of the passengers in their car was hurt and is seeking damages. The daughter of the driver is angry about losing time from work to now transport her dad who has lost his car. She’s also mad that the payout from his insurance is so little. My insurance was canceled days before the wreck, unbeknownst to me, so nothing is being covered from my end. I’m afraid I might have to file bankruptcy because of this.

Asked on May 14, 2018 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Anyone may file a lawsuit: the court does not "pre-screen" or evaluate suits when they are filed to make sure they are valid.
Your state (VA) follows an old, harsh rule called "contributory negligence" which most states have abandoned. This works in your favor: under contributory negligence, if the person suing is at fault in any way, he/she cannot recover compensation. If you are sued, if you can show in court (e.g. by witness testimony, with police reports, etc.) that the person suing you was at fault, too, you should have a good defense to liability.


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