What to do if I rear-ended a semi-truck in traffic today and there was no damage the the truck but I totaled my car?

UPDATED: Apr 16, 2013

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What to do if I rear-ended a semi-truck in traffic today and there was no damage the the truck but I totaled my car?

The truck driver reported it and said he had no damage to the truck or himself but he said he is still going to sue me. What can he sue me for if he told the police officer that there was no damage and he was fine?

Asked on April 16, 2013 under Accident Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the truck was not damaged and the driver was not injured, there is no basis for a lawsuit.  However, sometimes injuries in an auto accident don't manifest themselves immediately.  It is possible that if it turns out he was injured and the injury manifests itself later, he would have a personal injury claim to file with your auto insurance carrier when he completes his medical treatment and is released by the doctor.  His claim would include the medical bills, pain and suffering, and wage loss.  The procedure would be to file the personal injury claim with your auto insurance carrier.  If the case is settled with your auto insurance carrier, NO lawsuit is filed.  If the case is NOT settled with your auto insurance carrier, he would then file a lawsuit against you for negligence.  If that happens, refer the matter to your insurance carrier when you are served with the summons and complaint (the complaint is the lawsuit attached to the summons).  Your auto insurance carrier will provide you with an attorney at no cost to you and will handle the case for you.

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