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

UPDATED: Oct 23, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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