How do i aproach this matter?

UPDATED: Oct 1, 2022

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How do i aproach this matter?

I was riding my motorcyle on a 3 lane road I was on the right lane she was in the middle lane while approaching an intersection suddenly without signaling she decided to make a sharp right. And being that it was too late to stop I ran into her sliding under her car and her running me over on my whole right side of my body. She lied and told the police that she was on the right lane as well and insurance called saying I was 100% at fault but I have witnesses with pictures that also claim she tried to run off. What should I do?

Asked on October 18, 2018 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) You don't sue her insurer: they have no duty or obligation to *you* because you are not their client or customer or insurerd. Their obligation is to their insured, to defend her in court and/or pay amounts that she owes. You sue the other (at-fault) driver for the damage to your car; it is the person who caused the damage who is potentially liable.
2) To win the lawsuit, you would have to prove in court, such as with testimony (yours and any other witnesses) or any evidence (e.g. are there any traffic or other videocameras that may have caught the accident? police reports? etc.) that she was at fault. She in turn can present her evidence and testimony that you, not she, was at fault. Since you'd be the one suing, the burden is on you to prove your case by a "preponderance of the evidence," or that it is more likely than not, that she was at fault. If the court can't tell who was at fault (for example, the two of you and your evidence is equally believable), you lose, due to the burden of proof: your case must be more believable than hers.
3) If she or her insurer sue you (if she had collission insurance and her insurer paid for her damage, they can sue you to recover that money), then it works the opposite way: they would have to prove by a preponderance of the evidece that you were at fault, and you could present your evidence, testimony, etc. to undercut that.

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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