Can I sue a person that ran into the back of my vehicle when I was at a complete stop, even though I have limited tort on my insurance?

UPDATED: Dec 29, 2015

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Can I sue a person that ran into the back of my vehicle when I was at a complete stop, even though I have limited tort on my insurance?

Asked on December 29, 2015 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can sue a driver who is at-fault--that is, driving negligently, or unreasonably carelessly--in causing an accident. And the law presumes that the driver who rear-ends another, especially a stopped car, is at fault, since that driver should have been paying attention and been able to brake in time. His insurer may not want to voluntarily pay you, but you can sue hi for your car damage and/or medical costs.


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